RUTLEDGE v. FORT

No. 16129.

715 P.2d 455 (1986)

104 N.M. 7

Thomas RUTLEDGE, Petitioner, v. Honorable Harvey W. FORT, Respondent.

Supreme Court of New Mexico.

March 4, 1986.


Attorney(s) appearing for the Case

Paul Bardacke, Atty. Gen., G.T.S. Khalsa, Asst. Atty. Gen., Santa Fe, for petitioner.

A.J. Olsen, Roswell, Wendy York, Asst. Public Defender, Santa Fe, for real party in interest.


OPINION

STOWERS, Justice.

On December 4, 1985, this Court issued an alternative writ of superintending control restraining and prohibiting the respondent, the district court, from giving a jury instruction that does not conform to the uniform jury instructions applicable to this criminal prosecution. The petitioner, the State, and the real party in interest, the defendant, have filed briefs and presented oral arguments, and the petitioner now seeks to have...

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