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LOTT v. COX

No. 7846.

401 P.2d 93 (1965)

75 N.M. 102

Walter R. LOTT, Petitioner, v. Harold A. COX, Warden of the New Mexico State Penitentiary, Respondent.

Supreme Court of New Mexico.

April 12, 1965.

Attorney(s) appearing for the Case

Edward T. Johnson, Santa Fe, for petitioner.

Thomas O. Olson, Sp. Asst. Atty. Gen., Santa Fe, for respondent.

PER CURIAM.

Petitioner seeks his release from the custody of the Warden of the New Mexico State Penitentiary on the ground that the commitment under which he is being confined is void.

After serving part of a sentence following his conviction of the crime of breaking and entering in Cause No. 5047, Curry County, the petitioner was returned from the penitentiary and charged by separate information in Cause No. 5062 with having

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