1. Home
  2. Browse Decisions
  3. P.2d
  4. 387 P.2d
  5. 387 P.2d 330 (1963)
 

STATE v. HOOVER

No. 7320.

387 P.2d 330 (1963)

73 N.M. 223

STATE of New Mexico, Plaintiff-Appellee, v. Jerry HOOVER, Defendant-Appellant.

Supreme Court of New Mexico.

November 25, 1963.

Attorney(s) appearing for the Case

Edwin L. Felter, O. Russell Jones, Santa Fe, for appellant.

Earl E. Hartley, Atty. Gen., Joel M. Carson, Shirley C. Zabel, Asst. Attys. Gen., Santa Fe, for appellee.

NOBLE, Justice.

On May 25, 1962, Jerry Hoover was convicted of second degree murder and sentenced to be confined in the State Penitentiary "for a period of not less than twenty-five nor more than fifty years." This appeal is from the sentence so imposed.

The applicable statute, § 40-24-10, N.M.S.A. 1953, provided a penalty of imprisonment "for any period of time not less than three [3] years." This has been construed as providing a maximum sentence of...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases