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SMITH v. NINTH JUDICIAL DISTRICT

No. 8280.

432 P.2d 414 (1967)

78 N.M. 449

Marvin J. SMITH, Plaintiff-Appellant, v. NINTH JUDICIAL DISTRICT, Defendant-Appellee.

Supreme Court of New Mexico.

October 9, 1967.

Attorney(s) appearing for the Case

Dan Buzzard, Clovis, for appellant.

Boston E. Witt, Atty. Gen., George Richard Schmitt, Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

COMPTON, Justice.

This is an appeal from an order denying post conviction relief under Rule 93, § 21-1-1(93), N.M.S.A. 1953.

Appellant and three codefendants entered pleas of guilty to the charge of armed robbery on October 5, 1964, and judgment imposing sentence therefor followed. Appellant first sought release by a writ of coram nobis which was denied January 27, 1966. He next sought relief by motion to vacate the judgment which was...

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