STATE v. NORUSH

Nos. 5158, 5148.

642 P.2d 1119 (1982)

STATE of New Mexico, Plaintiff-Appellee, v. William Victor NORUSH, Defendant-Appellant. STATE of New Mexico, Plaintiff-Appellee, v. Jesse TRUJILLO, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied March 24, 1982.


Attorney(s) appearing for the Case

John B. Bigelow, Chief Public Defender, David Stafford, Asst. Appellate Defender, Santa Fe, for appellant Norush.

John B. Bigelow, Chief Public Defender, Ellen Bayard, Asst. Appellate Defender, Santa Fe, for appellant Trujillo.

Jeff Bingaman, Atty. Gen., Anthony Tupler, Asst. Atty. Gen., Santa Fe, for appellee.


OPINION

WOOD, Judge.

Norush was convicted of escape from the penitentiary; Trujillo was convicted of escape and conspiracy to escape from the penitentiary. Section 30-22-9, N.M.S.A. 1978, and § 30-28-2, N.M.S.A. 1978 (Supp. 1981). The convictions occurred at separate trials; separate appeals were taken. A common issue disposes of both appeals. That issue involves changes in the defense of duress between the time of the offense and the time of trial...

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