State v. Cruz

OPINION

HERNANDEZ, Judge.

Defendant was convicted of aggravated assault in violation of Section 40A-3-2, N.M.S.A.1953 (2d Repl. Vol. 6). Defendant appeals alleging one point of error: that the trial court gave instructions which were inconsistent, contradictory and erroneous.

We reverse.

During the early evening of January 12, 1973 the defendant and another individual drove into the Campus Drive-In and placed an order through an intercommunication system. The carhop, a fifteen year old boy, took the order out to defendant’s car, placed the tray in the window and told the defendant how much the…