Daniels

Defendant appeals his conviction on jury verdict of the offense of attempted murder of Eloise Daniels, his divorced wife, and Barbara Washington, the wife’s companion.

On October 12, 1969, at 2:15 a.m., Mrs. Daniels, accompanied by her companion Mrs. Washington, was driving an automobile on a public highway when an explosion, centered in the vicinity of and underneath the driver’s compartment, wrecked the automobile; ejected the occupants; and injured both of them, Mrs. Daniels losing both legs and her companion sustaining bums and cuts about the face, hands and legs.

Opinion evidence supports the conclusion the explosion was caused by a bomb made of dynamite, a blasting cap, current provided by batteries and a triggering device activated by a time mechanism to effect detonation.

On March 10, 1969, defendant, while a student at New Mexico State University, was in possession of a book entitled “Explosives and Homemade Bombs” authored by Major Joseph Stoffel. The book was indexed in the card catalogue of the university library; had not been checked out to anyone; but was missing. A maintenance employee of the university saw the book in defendant’s dormitory room; noted…