State v. Mata

OPINION

WOOD, Chief Judge.

Defendant appeals his convictions of aggravated burglary and aggravated assault. Sections 40A-16^4 and 40A-3-2, N.M.S.A. 1953 (2d Rpl.Vol. 6). The appeal turns on the sufficiency of the evidence. We affirm the aggravated burglary conviction. We reverse the aggravated assault conviction.

Defendant entered the apartment of Mr. and Mrs. Cardona at approximately 5 :30 a. m. The entry was made after cutting the screen door with a knife.

Mr. and Mrs. Cardona were in bed, asleep. Mrs. Cardona was nude. She awakened to find defendant sitting on the side of the bed, kissing her…