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OWENS v. SWOPE

No. 5191.

227 F.2d 796 (1955)

Carl E. OWENS, Appellant, v. Edwin SWOPE, Warden of the New Mexico State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

November 7, 1955.

Attorney(s) appearing for the Case

Douglas G. McKinnon, Denver, Colo., for appellant.

Fred M. Standley and Jack A. Smith, Asst. Attys. Gen. of New Mexico (Richard H. Robinson, Atty. Gen. of New Mexico, was with them on the brief), for appellee.

Before PHILLIPS, Chief Judge, and BRATTON and HUXMAN, Circuit Judges.

PHILLIPS, Chief Judge.

This is an appeal from an order discharging a writ of habeas corpus. On August 11, 1953, an information was filed in the District Court in and for Santa Fe County, New Mexico, charging Owens with a violation of § 41-2008, New Mexico Statutes Annotated, 1941.

Section 41-2007 of New Mexico Statutes Annotated, 1941, provides:

"Every person who shall make, alter, forge or counterfeit any bank bill, promissory note, draft, or...

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