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STATE v. BRITO

No. 295.

452 P.2d 694 (1969)

80 N.M. 166

STATE of New Mexico, Plaintiff-Appellee, v. Jake Leo BRITO, Defendant-Appellant.

Court of Appeals of New Mexico.

March 21, 1969.

Attorney(s) appearing for the Case

Hilario Rubio, Santa Fe, for defendant-appellant.

James A. Maloney, Atty. Gen., Justin Reid, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Judge.

Defendant shot and severely wounded Robert Lee Patterson. He seeks a reversal of his conviction of aggravated assault. He contends there is a lack of substantial evidence to show either his intent or his motive in shooting his victim.

The applicable portion of § 40A-3-2, N.M.S.A. 1953 (Repl.Vol. 6) reads:

"Aggravated assault consists of either: A. unlawfully assaulting or striking at another with a deadly weapon...

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