State v. Salazar

OPINION

WOOD, Chief Judge.

Defendant -appeals his conviction of two burglaries. See § 40A-16-3(B), N.M.S.A. 1953 (2d Repl.Vol. 6). The issues concern: (1) a statute of limitations instruction given and (2) a requested instruction, which was refused, which would have limited jury consideration to the dates charged in the amended indictment.

After amendment, the indictment charged a burglary of Roy’s Drive-In on August 19, 1972, and a burglary of Mini-Golf Drive-In on August 24, 1972. Trial testimony, to which no objection was made, was to the effect that more than one burglary had occurred at…