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STATE v. WARE

No. 13307.

881 P.2d 686 (1993)

118 N.M. 326

STATE of New Mexico, Plaintiff-Appellant, v. Robert WARE, Defendant-Appellee.

Court of Appeals of New Mexico.

June 29, 1993.

Attorney(s) appearing for the Case

Tom Udall, Atty. Gen., Gail MacQueston, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Sammy J. Quintana, Chief Public Defender, Rita Lalumia, Asst. Appellate Defender, Santa Fe, David Longley, John Walker, Asst. Public Defenders, Albuquerque, for defendant-appellee.

OPINION

CHAVEZ, Judge.

Defendant was charged with three counts of battery with a deadly weapon. The indictment alleged that Defendant struck or applied `force' to the [victim], with a rock, a deadly weapon. Defendant filed a motion to dismiss the indictment contending that the State's failure to preserve the rock as evidence in order to allow for its testing deprived Defendant of due process of law under the New Mexico and United States Constitutions...

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