State v. Walsh

OPINION

HENDLEY, Judge.

Convicted of armed robbery, (§ 40 A-16-2; N.M.S.A.1953 (Repl. Vol. 6)) defendant appeals raising six points for reversal. Defendant’s second part of the first point is dispositive of the appeal. We reverse for the reasons hereinafter stated.

Defendant contends in his first point that:

“THE TRIAL COURT ERRED IN REFUSING TO QUASH THE INDICTMENT FOR FAILURE TO INCLUDE AN ESSENTIAL ELEMENT OF THE CRIME CHARGED AND FOR FAILURE TO INSTRUCT THE JURY ON ALL OF THE ELEMENTS OF THE CRIME CHARGED.”

THE INDICTMENT.

The indictment reads in part: “The Grand Jury Charges: * * * Charles P.…