State v. Garcia

McGHEE, Justice.

The appellánt was convicted of murder in the second degree and sentenced to serve a term of not less than 25 years nor more than 50 years in the penitentiary. We will hereafter refer to him as the defendant.

The killing occurred at a New Years Eve dance in the Armory at Albuquerque, New Mexico, shortly before midnight. The younger brother of the defendant and a companion had been assaulted by some other teen-agers in a suburb of Albuquerque a few days prior to New Years day, and the brother and two of his companions had engaged in a fight with a like number of boys, at the…