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STATE v. FRANKLIN

No. 8330.

428 P.2d 982 (1967)

78 N.M. 127

STATE of New Mexico, Plaintiff-Appellee, v. Thomas FRANKLIN, Defendant-Appellant.

Supreme Court of New Mexico.

June 30, 1967.

Attorney(s) appearing for the Case

Tom W. Neal, Hobbs, for appellant.

Boston E. Witt, Atty. Gen., Myles E. Flint, Asst. Atty. Gen., Santa Fe, for appellee.

OPINION ON MOTION FOR REHEARING

PER CURIAM:

Rehearing is granted. The opinion originally filed herein is withdrawn and the following substituted in lieu thereof:

NOBLE, Justice.

Thomas Franklin has appealed from an order of the district court denying his Rule 93 motion for relief from a judgment and sentence to imprisonment. The single question presented is whether section 14, article II of the New Mexico State Constitution, permitting felonies...

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