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COX v. RABURN

No. 7154.

314 F.2d 856 (1963)

Harold A. COX, Warden of the New Mexico State Penitentiary, Appellant, v. James A. RABURN, Appellee.

United States Court of Appeals Tenth Circuit.

February 12, 1963.

Attorney(s) appearing for the Case

Thomas A. Donnelly and George Richard Schmitt, Asst. Atty. Gen. (Earl E. Hartley, Atty. Gen., State of New Mexico, on the brief), for appellant.

Albert B. Wolf, Denver, Colo., for appellee.

Before BREITENSTEIN, HILL and SETH, Circuit Judges.

BREITENSTEIN, Circuit Judge.

This habeas corpus proceeding was brought by appellee-defendant Raburn who was confined in the New Mexico State Penitentiary pursuant to judgments of courts of that state. A confused and unsatisfactory record shows that Raburn was held under three commitments, identified respectively as Nos. 2463, 2493, and 5012. At the time of the application he was serving under Nos. 2463 and 2493, the terms...

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