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STATE v. ROYBAL

No. 6638.

349 P.2d 332 (1960)

66 N.M. 416

STATE of New Mexico, Plaintiff-Appellee, v. Jose Erminio ROYBAL, Defendant-Appellant.

Supreme Court of New Mexico.

Rehearing Denied March 4, 1960.

Attorney(s) appearing for the Case

George A. Graham, Sr., Santa Fe, for appellant.

Hilton A. Dickson, Jr., Atty. Gen., B. J. Baggett, Carl P. Dunifon, Asst. Attys. Gen., for appellee.

COMPTON, Justice.

Appellant was convicted by a jury of Santa Fe County of having unlawfully and feloniously stolen an automobile "tire and equipment" from an automobile, the property of one Ulibarri, in violation of § 64-9-4(b), New Mexico Statutes, 1953 Comp., being § 89, Ch. 138, L. 1953. The prison sentence provided for a violation of this section is a term of not less than one year nor more than five years.

Following conviction, and before...

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