STATE v. POWERS

No. 7702.

401 P.2d 775 (1965)

75 N.M. 141

STATE of New Mexico, Plaintiff-Appellee, v. Kenneth Lee POWERS, aka Kenneth Lee Flowers, Defendant-Appellant.

Supreme Court of New Mexico.

May 3, 1965.


Attorney(s) appearing for the Case

Earl E. Hartley, Atty. Gen., Thomas A. Donnelly, George Richard Schmitt, Asst. Attys. Gen., Santa Fe, for appellee.

Gordon L. Gay, William W. Osborn, Roswell, for appellant.


COMPTON, Justice.

Appellant was sentenced to life imprisonment in the state penitentiary as a habitual criminal under the provisions of § 40A-29-5, 1953 Comp., and he appeals, asserting that his constitutional rights have been violated.

On December 11, 1962, in cause number 6628, Chaves County, the appellant entered a plea of guilty to an information under § 40-45-19, 1953 Comp., charging embezzlement of property in excess of fifty dollars and was...

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