STATE v. PETERS

No. 6947.

366 P.2d 148 (1961)

69 N.M. 302

STATE of New Mexico, Plaintiff-Appellee. v. Robert Roy PETERS, Defendant-Appellant.

Supreme Court of New Mexico.

November 7, 1961.


Attorney(s) appearing for the Case

Chavez & Cowper, Belen, for appellant.

Earl E. Hartley, Atty. Gen., Boston E. Witt, Oliver E. Payne, Ass't Attys. Gen., for appellee.


COMPTON, Chief Justice.

Appellant was convicted by a jury of Valencia County of the crime of escape from the New Mexico State Penitentiary while confined therein and, from the judgment imposing sentence, he appeals.

The pertinent statute, § 42-1-61, 1953 Comp., as amended reads:

"Any person confined in the state penitentiary who shall escape or attempt to escape therefrom shall be guilty of a felony...

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