STARKEY v. COX

No. 7346.

389 P.2d 203 (1964)

73 N.M. 434

Willard Joseph STARKEY, Petitioner-Appellee, v. Harold A. COX, Superintendent of the New Mexico State Penitentary, Respondent-Appellant.

Supreme Court of New Mexico.

February 3, 1964.


Attorney(s) appearing for the Case

Earl E. Hartley, Atty. Gen., Joel M. Carson, J.E. Gallegos, Asst. Attys. Gen., Santa Fe, for appellant.

M. W. Hamilton, Santa Fe, for appellee.


MOISE, Justice.

This is an appeal from an order granting petitioner-appellee habeas corpus and ordering his release and discharge from custody.

The record discloses that on September 25, 1959, appellee was sentenced to serve concurrent sentences of "not less than one year" in the state penitentiary on each of two counts of sodomy. On May 11, 1962, being still incarcerated, appellee filed his petition for a writ of habeas corpus alleging that his imprisonment...

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