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STATE v. SERRANO

No. 7426.

394 P.2d 262 (1964)

74 N.M. 412

STATE of New Mexico, Plaintiff-Appellee, v. Richard SERRANO, Defendant-Appellant.

Supreme Court of New Mexico.

July 13, 1964.

Attorney(s) appearing for the Case

Hart & Brockman, Tucumcari, for appellant.

Earl E. Hartley, Atty. Gen., George Richard Schmitt, James E. Snead, Asst. Attys. Gen., Santa Fe, for appellee.

GEORGE L. ZIMMERMAN, District Judge.

This is an appeal from a conviction under § 40-1-6, N.M.S.A. 1953.

"Any person who shall attempt to commit any felony that shall fail in being committed, the punishment for which attempt is not otherwise prescribed by law, shall upon conviction thereof, be punished by imprisonment for not more than three (3) years nor less than six (6) months, or by fine not exceeding one thousand dollars ($1,000.00), or by both such...

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