SMITH v. STATE

No. 8581.

444 P.2d 961 (1968)

70 N.M. 450

Diane SMITH, Petitioner-Appellant, v. STATE of New Mexico, Defendant-Appellee.

Supreme Court of New Mexico.

September 9, 1968.


Attorney(s) appearing for the Case

Rudy S. Apodaca, Las Cruces, for appellant.

Boston E. Witt, Atty. Gen., Gary O'Dowd, Spencer T. King, Paul Lacy, Asst. Attys. Gen., Santa Fe, for appellee.


OPINION

MOISE, Justice.

This is an appeal from a denial of relief sought under Rule 93 (§ 21-1-1(93), N.M.S.A. 1953). Appellant was convicted of murder in the first degree. Following conviction, she was sentenced to life imprisonment pursuant to a stipulation between her counsel and the district attorney which was read to the jury, wherein it was agreed that the death penalty would not be sought and that in the event of conviction of murder in the first...

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