CONSTON v. NEW MEXICO ST. BD OF PROBATION & PAROLE

No. 8561.

444 P.2d 296 (1968)

79 N.M. 385

Richard CONSTON, Jr., Plaintiff-Appellant, v. The NEW MEXICO STATE BOARD OF PROBATION AND PAROLE, Defendant-Appellee.

Supreme Court of New Mexico.

August 12, 1968.


Attorney(s) appearing for the Case

Downs & Roberts, Santa Fe, for appellant.

Boston E. Witt, Atty. Gen., James V. Noble, Asst. Atty. Gen., Santa Fe, for appellee.


OPINION

MOISE, Justice.

We are here called upon to determine if petitioner, a parolee from the penitentiary, was as a matter of law entitled to credit as time served for the period which elapsed between the violation of the terms of his parole and a subsequent violation which resulted in service of a warrant for his return as a parole violator.

The record discloses that petitioner was paroled on November 2, 1962. Although it appears that plaintiff...

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