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STATE v. CLINE

No. 6762.

366 P.2d 441 (1961)

69 N.M. 305

STATE of New Mexico, Plaintiff-Appellee, v. C. D. CLINE, Defendant-Appellant.

Supreme Court of New Mexico.

Motion for New Trial and Stay of Proceedings Denied December 7, 1961.

Attorney(s) appearing for the Case

Mack Easley, Robert F. Pyatt, Hobbs, for appellant.

Hilton A. Dickson, Jr., Atty. Gen., Thomas O. Olson and Norman S. Thayer, Jr., Asst. Attys. Gen., for appellee.

CARMODY, Justice.

The defendant was convicted on each of two counts on the charge of statutory rape, and this appeal followed.

The only question is one of law, having to do with the trial court's refusal to recognize an affidavit of disqualification filed under § 21-5-8, N.M.S.A. 1953.

The facts necessary for decision are: On June 4, 1958, the defendant and his then attorney appeared before The Honorable John R. Brand, one of the district judges...

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