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STATE v. UNGARTEN

No. 14039.

856 P.2d 569 (1993)

115 N.M.App. 607

STATE of New Mexico, Plaintiff-Appellee, v. George UNGARTEN, Defendant-Appellant.

Court of Appeals of New Mexico.

June 10, 1993.

Attorney(s) appearing for the Case

Michael Casey, Albuquerque, for defendant-appellant.

Tom Udall, Atty. Gen., William McEuen, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

DONNELLY, Judge.

Defendant appeals his conviction of child abuse (no death or great bodily harm) following a jury trial. Two issues are presented on appeal: (1) whether the charge of child abuse was supported by substantial evidence; and (2) whether the trial court erred in instructing the jury as to the elements of child abuse where Defendant has asserted a claim of self-defense. For the reasons discussed herein, we reverse.

FACTS

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