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EX PARTE KELLEY

No. 5551.

256 P.2d 211 (1953)

57 N.M. 161

Ex Parte KELLEY.

Supreme Court of New Mexico.

Rehearing Denied May 5, 1953.

Attorney(s) appearing for the Case

Joe L. Martinez, Atty. Gen., Willard F. Kitts, Asst. Atty. Gen., N. Randolph Reese, Dist. Atty., Hobbs, for appellant.

M.W. Hamilton, Santa Fe, for appellee.

SADLER, Chief Justice.

We are asked to determine whether an information charging rape on a female under the age of 16 years, contrary to Section 41-3901, New Mexico Statutes 1941 Annotated, which fails to give the name of the victim states an offense which will support a conviction. The offense charged was committed in Lea County, New Mexico, on December 20, 1949. Upon arraignment the defendant pleaded guilty and was sentenced to a term in the state penitentiary from...

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