STATE v. DOBBS

No. 5802.

665 P.2d 1151 (1983)

STATE of New Mexico, Plaintiff-Appellee, v. Jim DOBBS, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Quashed June 15, 1983.


Attorney(s) appearing for the Case

Morris Stagner, Clovis, Winston Roberts-Hohl, Santa Fe, for defendant-appellant.

Paul G. Bardacke, Atty. Gen., Barbara F. Green, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

BIVINS, Judge.

Shortly after midnight on August 1, 1981 Sheila Snipes, age 20, returned home from a date. Sheila's seventeen-year-old brother, Scottie, was at the house at that time. Their parents, however, were away. Soon after her arrival Sheila heard a rattling sound and then Scottie yelling, "`[T]here is a man in the house.'" The intruder advanced toward Sheila and Scottie who were then in the kitchen. He wore dark clothes, a ski mask and socks...

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