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STATE v. FERGUSON

No. 11525.

803 P.2d 676 (1990)

111 N.M. 191

STATE of New Mexico, Plaintiff-Appellant, v. Thomas L. FERGUSON, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied December 5, 1990.

Attorney(s) appearing for the Case

Hal Stratton, Atty. Gen., Anthony Tupler, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Gary D. Alsup, Alsup Law Office, Clayton, for defendant-appellee.

OPINION

MINZNER, Judge.

The state appeals the trial court's granting of defendant's motion for a new trial. The state raises one issue on appeal: whether the trial court abused its discretion in granting a new trial because the comments made by the prosecutor during closing argument did not constitute legal error. We affirm.

FACTS

Defendant was charged with an open count of murder for killing his wife's lover after finding his wife and...

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