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STATE v. GILLIHAN

No. 8980.

469 P.2d 514 (1970)

81 N.M. 535

STATE of New Mexico, Plaintiff-Appellee, v. Riley Iven Gillihan, alias Riley Coots, Defendant-Appellant.

Supreme Court of New Mexico.

May 18, 1970.

Attorney(s) appearing for the Case

J. Wayne Woodbury, Hilton A. Dickson, Jr., Silver City, for defendant-appellant.

James A. Maloney, Atty. Gen., Frank N. Chavez, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

SISK, Justice.

Defendant was convicted by a jury on each of four separate counts of murder in the first degree. On each conviction the jury verdict provided that capital punishment be imposed. The trial judge sentenced the defendant to the death penalty on each separate conviction, in accordance with § 40A-2-1(A), N.M.S.A. 1953 and with the then applicable § 40A-29-2, N.M.S.A. 1953. On appeal, this court issued a mandate on September 10...

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