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STATE v. SENA

No. 15738.

706 P.2d 854 (1985)

103 N.M. 312

STATE of New Mexico, Plaintiff-Appellee, v. Rudolph Augustine SENA, Defendant-Appellant.

Supreme Court of New Mexico.

October 3, 1985.

Attorney(s) appearing for the Case

Paul Bardacke, Atty. Gen., Charles D. Noland, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

Alonzo J. Padilla, Albuquerque, for defendant-appellant.

OPINION

WALTERS, Justice.

Rudolph Sena, convicted of first degree "depraved mind" murder, appeals the denial of his motion for a new trial. His motion was brought pursuant to NMSA 1978, Crim.P.R. 45 (Repl.Pamp. 1980); as grounds he claims newly discovered evidence based upon the retraction of testimony by a key State witness.

The witness, a doorman at an Albuquerque bar, testified at Sena's trial that Sena, a woman and another man approached the...

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