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STATE v. McCARTY

No. 534.

484 P.2d 357 (1971)

82 N.M. 515

STATE of New Mexico, Plaintiff-Appellee, v. Ralph Edward McCARTY, Defendant-Appellant.

Court of Appeals of New Mexico.

April 9, 1971.

Attorney(s) appearing for the Case

Manford W. Rainwater, Tucumcari, for defendant-appellant.

James A. Maloney, Atty. Gen., C. Emery Cuddy, Jr., Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

HENDLEY, Judge.

Defendant was convicted of armed robbery (§ 40A-16-2, N.M.S.A. 1953 (Repl. Vol. 1964)). His sole point on appeal is:

"Accused was Denied His Constitutional Rights Under the Sixth Amendment of the United States Constitution, as Made Applicable to the States by the Fourteenth Amendment to the United States Constitution, when the Prosecuting Witness Made a Court Room Identification of the Accused after the Accused had ...

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