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STATE v. BLACKWELL

No. 8525.

441 P.2d 759 (1968)

79 N.M. 230

STATE of New Mexico, Plaintiff-Appellee, v. Benjamin BLACKWELL, Defendant-Appellant.

Supreme Court of New Mexico.

June 3, 1968.

Attorney(s) appearing for the Case

Anthony J. Albert, Santa Fe, for appellant.

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

OPINION

CARMODY, Justice.

Defendant was convicted of rape, and the case was affirmed in State v. Blackwell, 76 N.M. 445, 415 P.2d 563 (1966). Following resentence in accordance with our mandate on the prior appeal, he filed an application for post-conviction relief under Rule 93 (§ 21-1-1(93), N.M.S.A. 1953, 1967 Pocket Supp.). The trial court in an order stated the court had examined...

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