STATE v. PEOPLES

No. 6863.

364 P.2d 359 (1961)

69 N.M. 106

STATE of New Mexico, Plaintiff-Appellee, v. Mary Helen PEOPLES, Defendant-Appellant.

Supreme Court of New Mexico.

August 22, 1961.


Attorney(s) appearing for the Case

Timothy P. Woolston, Albuquerque, for appellant.

Earl E. Hartley, Atty. Gen., Norman S. Thayer, Jr., Asst. Atty. Gen., for appellee.


COMPTON, Chief Justice.

This is an appeal from an order invoking a suspended sentence. The record is fraught with error of a fundamental nature.

On October 31, 1958, the appellant, Mary Peoples, was sentenced to serve a term in the New Mexico Penitentiary of not less than one year nor more than five years. The sentence was then suspended by the court during her good behavior.

Thereafter, on August 2, 1960, an information was filed by the district attorney...

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