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STATE v. BREWSTER

No. 8320.

438 P.2d 170 (1968)

78 N.M. 760

STATE of New Mexico, Plaintiff-Appellee, v. JEFF BREWSTER, Jr., Defendant-Appellant.

Supreme Court of New Mexico.

March 4, 1968.

Attorney(s) appearing for the Case

Charles L. Harrington, Roswell, for appellant.

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

OPINION

OMAN, Judge, Court of Appeals.

This is an appeal from an order denying defendant's motion filed under Rule 93 [§ 21-1-1(93), N.M.S.A. 1953 (Supp. 1967)]. The motion was denied without hearing.

Defendant's claim for relief from his conviction and sentence to the New Mexico State Penitentiary for second degree murder is predicated upon his assertions that he was arrested for being drunk and disorderly and confined in the Roswell City Jail...

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