State v. Romero

OPINION

ALARID, Judge.

Defendant appeals his conviction for dueling. NMSA 1978, § 30-20-11 (Repl. Pamp.1984). He raises five issues on appeal. We reverse on the ground that there was insufficient evidence to send the case to the jury.

FACTS

We accept the facts as recited in the docketing statement and the parties’ memoranda in response to the calendar notices, because the facts are unchallenged. State v. Boyer, 103 N.M. 655, 712 P.2d 1 (Ct.App. 1985); State v. Calanche, 91 N.M. 390, 574 P.2d 1018 (Ct.App.1978).

Randy Johnson, defendant’s neighbor, was watching television on the night of April 13,…