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STATE v. DEATON

No. 7373.

390 P.2d 966 (1964)

74 N.M. 87

The STATE of New Mexico, Plaintiff-Appellee, v. Edward M. DEATON, Defendant-Appellant.

Supreme Court of New Mexico.

March 30, 1964.

Attorney(s) appearing for the Case

Hart & Brockman, Tucumcari, for appellant.

Earl E. Hartley, Atty. Gen., Boston E. Witt, Oliver E. Payne, Frank Bachicha, Asst. Attys. Gen., Santa Fe, for appellee.

COMPTON, Chief Justice.

Edward M. Deaton was convicted by a jury of Quay County of conspiracy to commit armed robbery contrary to § 40-11-1, N.M.S.A., 1953, and sentenced to a term in the state penitentiary. From the judgment imposing sentence he appeals. The section reads:

"Any person or persons who shall knowingly combine with any other person or persons for the purpose of committing a felony, within or without...

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