STATE v. PRICE

No. 8726.

726 P.2d 857 (1986)

104 N.M. 703

STATE of New Mexico, Plaintiff-Appellee, v. John Walter PRICE, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Quashed October 15, 1986.


Attorney(s) appearing for the Case

Jacquelyn Robins, Chief Public Defender, Susan Gibbs, Asst. Appellate Defender, Santa Fe, for defendant-appellant.

Paul G. Bardacke, Atty. Gen., William McEuen, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

BIVINS, Judge.

Convicted of attempted murder in the first degree and armed robbery, both with firearm enhancement, defendant appeals, raising three issues:

1. Whether a crime exists for attempted felony murder, and, if no crime exists, whether reprosecution of defendant for first-degree murder is precluded under double jeopardy.

2. Whether the trial court erred in refusing to grant a mistrial after a juror asked if it was safe to...

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