State v. Estrada ( 1974 )

SUTIN, Judge

(concurring in part and dissenting in part).

I dissent in part.

There is no evidence that defendant entered the home of the prosecutrix with intent to commit any felony or theft contrary to § 40A-16-3, N.M.S.A.1953 (2nd Repl. Vol. 6). To relate the evidence would be useless. State v. Slade, 78 N.M. 581, 434 P.2d 700 (Ct.App.1967).

I concur in the conviction under § 40A-9-9, N.M.S.A.1953 (2nd Repl.Vol. 6).