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STATE BOARD OF PAROLE v. LANE

No. 6218.

314 P.2d 602 (1957)

63 N.M. 105

STATE BOARD OF PAROLE of New Mexico; Irwin S. Moise, John Conway, Lincoln O'Brien, Wayne Collins, A. B. Chavez, Members, Plaintiffs in Error, v. John Henry LANE, Defendant In Error.

Supreme Court of New Mexico.

August 12, 1957.

Attorney(s) appearing for the Case

Fred M. Standley, Atty. Gen., Robert F. Pyatt and Paul L. Billhymer, Asst. Attys. Gen., for plaintiffs in error.

Lyle E. Teutsch, Jr., Santa Fe, for defendant in error.

McGHEE, Justice.

The defendant in error was sentenced by the district court of Curry County on November 27, 1955, to serve a term of not less than five years nor more than five years following his conviction of the crime of forgery, instead of not less than one year nor more than five years had the sentencing judge imposed sentence as provided by § 41-17-1, N.M.S.A. 1953 (pocket part).

No appeal was taken from the sentence but Lane requested the Board...

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