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STATE v. MONTOYA

No. 98.

451 P.2d 557 (1968)

80 N.M. 64

STATE of New Mexico, Plaintiff-Appellee, v. Robert Thomas MONTOYA, Donald Deats, and Carlos Perez, Defendants-Appellants.

Court of Appeals of New Mexico.

Writ of Certiorari Issued September 12, 1968.

Attorney(s) appearing for the Case

Fred M. Calkins, Jr., Matteucci, Franchini & Calkins, Albuquerque, for appellants.

Boston E. Witt, Atty. Gen., James V. Noble, Asst. Atty. Gen., Santa Fe., for appellee.

OPINION

ARMIJO, Judge.

This appeal concerns only Donald Deats who was found guilty by a jury of the crimes of aggravated burglary and larceny.

Two points are relied upon by appellant as grounds for reversal. The first point is:

"THE PROSECUTOR'S FINAL ARGUMENT TO THE JURY WAS INFLAMATORY AND PREJUDICIAL INASMUCH AS IT INTRODUCED FACTS BEYOND THE RECORD AND WAS CONTRARY TO THE COURT'S INSTRUCTION."

The sufficiency of the evidence...

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