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STATE v. McCROSKEY

No. 163.

445 P.2d 105 (1968)

798 N.M. 502

STATE of New Mexico, Plaintiff-Appellee, v. Wallace D. McCROSKEY, Defendant-Appellant.

Court of Appeals of New Mexico.

September 6, 1968.

Attorney(s) appearing for the Case

Richard L. Gerding, Tansey, Rosebrough, Roberts & Gerding, Farmington, for appellant.

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

OPINION

OMAN, Judge.

Defendant appeals from an order denying his motion under § 21-1-1(93), N.M.S.A. 1953 (Supp. 1967). The motion was denied without hearing on the ground that the motion and the files and records in the case conclusively show defendant entitled to no relief.

The facts material to the two points relied upon for reversal are:

(1) On April 2, 1962, criminal informations were filed...

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