State v. Lucero

OPINION

ZINN, District Judge.

Tomas Lucero, appellant, was convicted of first degree murder on July 27, 1972. On August 15, 1972, he was sentenced to life imprisonment.

He asks that his conviction be reversed, that his sentence be set aside and that he be granted a new trial.

Reversal is sought on several grounds. The absence of a material witness is the one upon which appellant chiefly relies.

The conviction is reversed and the judgment and sentence is set aside, with directions that a new trial be granted appellant.

The ground for our reversal is the failure of the trial court to grant the…