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STATE v. SWEAT

No. 889.

500 P.2d 207 (1972)

STATE of New Mexico, Plaintiff-Appellee, v. Alree SWEAT, Defendant-Appellant.

Court of Appeals of New Mexico.

July 14, 1972.

Attorney(s) appearing for the Case

Philip W. Steere, Las Cruces, for defendant-appellant.

David L. Norvell, Atty. Gen., Santa Fe, Victor Moss, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

HERNANDEZ, Judge.

Convicted of armed robbery in violation of § 40A-16-2, N.M.S.A. 1953 (Repl. Vol. 6), defendant appeals. The issues are: (1) refusal of the trial court to give requested instructions on lesser included offenses; (2) refusal of the trial court to give requested instruction on entrapment.

The defendant alleges there was conflict in the victim's testimony such that the jury could have decided that there was no weapon. Therefore...

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