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PEYTON v. NORD

No. 8456.

437 P.2d 716 (1968)

78 N.M. 717

Albert PEYTON, a minor, Petitioner, v. Tom NORD, Sheriff of Chaves County, New Mexico, and George L. Reese, Jr., Sitting as Judge of the Juvenile Court, of the Fifth Judicial District, Chaves County, New Mexico, Respondents.

Supreme Court of New Mexico.

February 26, 1968.

Attorney(s) appearing for the Case

A.D. Solsbery, Wm. F. Brainerd, Roswell, for petitioner.

Boston E. Witt, Atty. Gen., Gary O'Dowd, Asst. Atty. Gen., Santa Fe, for respondent Nord.

Morris Stagner, Dist. Atty., Clovis, W. Byron Caton, Farmington, as amicus curiae.

PER CURIAM:

Upon consideration of motion for rehearing the opinion heretofore filed is withdrawn and the following substituted therefor:

OPINION

MOISE, Justice.

This is an original proceeding wherein petitioner seeks habeas corpus to effect his release from the custody of the sheriff of Chaves County. The record discloses that petitioner is a minor who was adjudged to come within the Juvenile Code of New Mexico, in that he violated §...

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