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STATE v. HUDSON

No. 8127.

430 P.2d 386 (1967)

78 N.M. 228

STATE of New Mexico, Plaintiff-Appellee, v. Frank J. HUDSON, Jr., Defendant-Appellant.

Supreme Court of New Mexico.

July 17, 1967.

Attorney(s) appearing for the Case

Courtney Vallentine, O.R. Adams, Jr., Albuquerque, for appellant.

Boston E. Witt, Atty. Gen., Roy G. Hill, Gary O. O'Dowd, Asst. Attys. Gen., Santa Fe, for appellee.

OPINION

CHAVEZ, Chief Justice.

Appellant Hudson was charged with burglary, convicted, and sentenced to serve one to five years in the New Mexico State Penitentiary. From this sentence he appeals.

Appellant was arrested and jailed in the early morning hours of November 23, 1965. Complainant Jose U. Otero testified that he had formed the habit of sleeping at his drugstore because the store had been broken into previously and he wished to protect his...

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