STATE v. PADILLA

No. 6506.

347 P.2d 312 (1959)

66 N.M. 289

STATE of New Mexico, Plaintiff-Appellee, v. Jose Franco PADILLA, alias Joe Franco, Defendant-Appellant.

Supreme Court of New Mexico.

December 8, 1959.


Attorney(s) appearing for the Case

W.E. Bondurant, Jr., John P. Cusack, Jr., Roswell, for appellant.

Hilton A. Dickson, Jr., Atty. Gen., Thomas O. Olson, B.J. Baggett, Asst. Attys. Gen., for appellee.


CARMODY, Justice.

The defendant was found guilty of first degree murder, of having carnal knowledge of a child under the age of ten years, and of kidnapping. The jury not having specified life imprisonment, he was sentenced to death by execution, and it is from this judgment that he appeals.

The circumstances of the offense are not actually material as to this appeal and will be mentioned only briefly for the purpose of clarity.

The defendant is a...

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