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STATE v. McCRARY

No. 14652.

675 P.2d 120 (1984)

100 N.M. 671

STATE of New Mexico, Plaintiff-Appellee, v. Bryan McCRARY and Bart Dewayne Burdick, Defendants-Appellants.

Supreme Court of New Mexico.

January 5, 1984.

Attorney(s) appearing for the Case

Norvell & Glover, David L. Norvell, Albuquerque, for defendant-appellant Burdick.

Sarah M. Singleton, Santa Fe, for defendant-appellant McCrary.

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

OPINION

PAYNE, Justice.

This appeal challenges the first degree murder convictions of Bryan McCrary and Bart D. Burdick.

McCrary had attended a carnival in Hobbs and felt he was cheated out of sixty-four dollars. He and Burdick decided they would get revenge by shooting the tires of the carnival trucks. Armed with two .22 caliber rifles, two 30-30 caliber rifles, a shotgun, and accompanied by William Sutton, they returned to the carnival site at...

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