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STATE v. HELM

No. 8520.

442 P.2d 795 (1968)

79 N.M. 305

STATE of New Mexico, Plaintiff-Appellee, v. Kenneth Van Helm, Defendant-Appellant.

Supreme Court of New Mexico.

July 8, 1968.

Attorney(s) appearing for the Case

Roberto L. Armijo, Las Vegas, for defendant-appellant.

Boston E. Witt, Atty. Gen., Roy G. Hill, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

SPIESS, Chief Judge, Court of Appeals.

Kenneth Van Helm on two occasions petitioned the trial court for release from custody by motions pursuant to Rule 93, § 21-1-1 N.M.S.A. 1953. His first motion was filed July 7, 1966, and after hearing was denied by the trial court January 12, 1967.

The second Rule 93 motion was filed March 28, 1967, and denied without hearing June 13, 1967. This appeal is from the denial of the second motion.

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