State v. Chavez

OPINION

SUTIN, Judge.

Defendant was convicted of armed robbery. It was affirmed on appeal. State v. Chavez, 83 N.M. 349, 491 P.2d 1160 (Ct. App.1971).

Based upon newly discovered evidence, defendant’s motion for a new trial was denied. Defendant appeals. We reverse.

Defendant was indicted for the armed robbery of a “Circle K” store at 1633 Bridge Boulevard, Albuquerque, New Mexico, on the evening of April 23, 1970.

During the trial, defendant raised the alibi defense that he was in Las Cruces, New Mexico, from April 21 to April 25, 1970, working as a hazer at a rodeo. Six witnesses testified in…