BREITHAUPT v. ABRAM

No. 5696.

271 P.2d 827 (1954)

58 N.M. 385

BREITHAUPT v. ABRAM.

Supreme Court of New Mexico.

June 15, 1954.


Attorney(s) appearing for the Case

F. Gordon Shermack, Santa Fe, for petitioner.

Richard H. Robinson, Atty. Gen., Walter R. Kegel, Fred M. Standley, Asst. Attys. Gen., Santa Fe, for respondent.


FOX, District Judge.

This is an original proceeding in habeas corpus brought by the petitioner, Paul H. Breithaupt, against the Warden of the New Mexico State Penitentiary, Morris Abram, respondent.

The petitioner was the driver of a pickup truck which collided with another motor vehicle. The collision resulted in the death of three persons all of whom were riding in the vehicle with which the petitioner's pickup collided. A pint bottle containing about an...

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