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STATE v. ROMERO

No. 12208.

801 P.2d 681 (1990)

111 N.M. 99

STATE of New Mexico, Plaintiff-Appellee, v. Jerry ROMERO, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied November 26, 1990.

Attorney(s) appearing for the Case

Hal Stratton, Atty. Gen., Margaret McLean, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

Jacquelyn Robins, Chief Public Defender, Gina Maestas, Asst. App. Def., Santa Fe, for defendant-appellant.

OPINION

ALARID, Judge.

Defendant appeals his conviction for dueling. NMSA 1978, § 30-20-11 (Repl.Pamp.1984). He raises five issues on appeal. We reverse on the ground that there was insufficient evidence to send the case to the jury.

FACTS

We accept the facts as recited in the docketing statement and the parties' memoranda in response to the calendar notices, because the facts are unchallenged. State v. Boyer,

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