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CARTER v. STATE OF NEW MEXICO

Nos. 8551, 8552.

358 F.2d 710 (1966)

Ronald George CARTER, Appellant, v. STATE OF NEW MEXICO, Appellee. Chesten AVEY, Appellant, v. STATE OF NEW MEXICO, Appellee.

United States Court of Appeals Tenth Circuit.

March 25, 1966.

Attorney(s) appearing for the Case

Arthur H. Coleman, Santa Fe, N. M. (Harl D. Byrd, Santa Fe, N. M., on the briefs), for appellants.

L. D. Harris, Sp. Asst. Atty. Gen. (Boston E. Witt, Atty. Gen., State of New Mexico, on the brief), for appellee.

Before LEWIS, BREITENSTEIN and SETH, Circuit Judges.

PER CURIAM.

These are companion cases which the district court dismissed without any hearing. The appellants, prisoners in the New Mexico penitentiary, brought petitions for writs of coram nobis which the district court apparently treated as petitions for habeas corpus relief. The only point raised is that the appellants were committed to the wrong place of imprisonment.

Counsel argues that appellants were sentenced to the "New Mexico Penitentiary." N.M.S...

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