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STATE v. LOBB

No. 8421.

437 P.2d 1004 (1968)

78 N.M. 735

STATE of New Mexico, Plaintiff-Appellee, v. Plazie Elijah LOBB, Defendant-Appellant.

Supreme Court of New Mexico.

February 12, 1968.

Attorney(s) appearing for the Case

Jay Morgan, Portales, for appellant.

Boston E. Witt, Atty. Gen., Roy G. Hill, Asst. Atty. Gen., Sante Fe, for appellee.

OPINION

MOISE, Justice.

This is an appeal from an order denying a motion filed under Rule 93 (§ 21-1-1(93), N.M.S.A. 1953). The record before us discloses that appellant was sentenced on August 31, 1966 to serve a term of not less than one nor more than five years in the penitentiary after having been convicted by a jury of committing a sexual assault on a female minor contrary to the provisions of §...

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