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STATE v. BETSELLIE

No. 9200.

487 P.2d 484 (1971)

82 N.M. 782

STATE of New Mexico, Plaintiff-Appellee, v. Melvin BETSELLIE, Defendant-Appellant.

Supreme Court of New Mexico.

July 26, 1971.

Attorney(s) appearing for the Case

David L. Norvell, Atty. Gen., Ray H. Shollenbarger, Jr., Sp. Asst. Atty. Gen., Albuquerque, for appellee.

Thomas J. Hynes, Farmington, for appellant.

OPINION

OMAN, Justice.

Defendant was convicted of first degree murder and sentenced to life imprisonment. He has appealed. We affirm.

The first issue to be decided arises upon a motion for remand of the case to the trial court for the purpose of passing on a motion for a new trial. Subsequent to the perfection of his appeal, defendant, through the diligence of his court-appointed attorney, secured affidavits of recantation from the two witnesses...

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