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SNEED v. COX

No. 7747.

397 P.2d 308 (1964)

74 N.M. 659

Gene SNEED, Petitioner, v. Harold A. COX, Warden of the New Mexico State Penitentiary, Respondent.

Supreme Court of New Mexico.

Rehearing Denied December 7, 1964.

Attorney(s) appearing for the Case

Edward T. Johnson, Santa Fe, for petitioner.

Earl E. Hartley, Atty. Gen., Harry S. Connelly, Jr., Sp. Asst. Atty. Gen., Santa Fe, for respondent.

OPINION ON MOTION FOR REHEARING

PER CURIAM.

Upon consideration of motion for rehearing the opinion heretofore filed is withdrawn and the following substituted therefor:

PER CURIAM:

Petitioner seeks release from custody in the New Mexico State Penitentiary on several grounds. The record discloses that in November, 1962 an information was filed charging him in count I with the crime of assault with intent to kill, contrary to § 40-6-6...

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