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STATE v. LOTT

No. 7337.

387 P.2d 855 (1963)

73 N.M. 280

STATE of New Mexico, Plaintiff-Appellee, v. Walter LOTT, alias Walter R. Lott and Robert Lott, Defendant-Appellant.

Supreme Court of New Mexico.

Rehearing Denied January 10, 1964.

Attorney(s) appearing for the Case

Joseph A. Sommer, Santa Fe, for appellant.

Earl E. Hartley, Atty. Gen., Thomas A. Donnelly, Joel M. Carson, Asst. Attys. Gen., Santa Fe, for appellee.

NOBLE, Justice.

The defendant has appealed from a life sentence imposed under the habitual criminal act.

Section 41-16-3, N.M.S.A. 1953, reads:

"A person who, after having been three [3] times convicted within this state of felonies, or under the law of any other state, government or country, of crimes which if committed within this state would be felonious, commits a felony within this state, shall be sentenced upon conviction of such fourth, or...

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