STATE v. LA BOON

No. 6755.

357 P.2d 54 (1960)

67 N.M. 466

STATE of New Mexico, Appellee, v. Arthur Leslie LA BOON, Appellant.

Supreme Court of New Mexico.

November 16, 1960.


Attorney(s) appearing for the Case

Emmett C. Hart, Tucumcari, for appellant.

Hilton A. Dickson, Jr., Atty. Gen., Boston E. Witt and F. Harlan Flint, Asst. Attys. Gen., for appellee.


NOBLE, Justice.

Arthur Leslie LaBoon was charged and tried upon an information charging second degree murder and appeals from a conviction of voluntary manslaughter. Two assignments of error are relied upon for reversal of the conviction and judgment resulting therefrom, (1) error in permitting a hypothetical question, and (2) that the statute does not permit a conviction of manslaughter under a charge of murder.

Considering first the claimed error in permitting...

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