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JONES v. COX

No. 7345.

389 P.2d 214 (1964)

73 N.M. 450

Francis Lee JONES, Petitioner-Appellee, v. Harold A. COX, Warden, New Mexico State Penitentiary, Respondent-Appellant.

Supreme Court of New Mexico.

February 3, 1964.

Attorney(s) appearing for the Case

Earl E. Hartley, Atty. Gen., Thomas A. Donnelly, Asst. Atty. Gen., Santa Fe, for appellant.

Charles D. Olmsted, Santa Fe, for appellee.

NOBLE, Justice.

Francis Lee Jones pled guilty to attempted escape from the penitentiary and on September 9, 1957, was sentenced to imprisonment for a term of "not less than two years," as provided in § 42-1-61, N.M.S.A.1961 pocket part (§ 1, Ch. 143, Laws 1955) reading:

"Any person confined in the state penitentiary who shall escape or attempt to escape therefrom shall be guilty of a felony and upon conviction thereof, shall be imprisoned in the...

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