STATE v. BARTON

No. 8539.

439 P.2d 719 (1968)

79 N.M. 70

STATE of New Mexico, Plaintiff-Appellee, v. Jim Dean BARTON, Defendant-Appellant.

Supreme Court of New Mexico.

April 15, 1968.


Attorney(s) appearing for the Case

Boston E. Witt, Atty. Gen., David R. Sierra, Asst. Atty. Gen., Santa Fe, for appellee.

John R. Phillips, Jr., Farmington, for appellant.


OPINION

OMAN, Judge, Court of Appeals.

Defendant appeals from an order denying, without hearing, his motion under Rule 93 [§ 21-1-1(93), N.M.S.A. 1953 (Supp. 1967)].

The matters raised by his motion are presented to us under six separate points relied upon for reversal. We shall dispose of these points in the order of their presentation in the briefs.

Briefly, the facts leading to defendant's conviction of armed robbery are that shortly...

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