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STATE v. GARCIA

No. 8608.

446 P.2d 442 (1968)

STATE of New Mexico, Plaintiff-Appellee, v. Willie GARCIA, Defendant-Appellant.

Supreme Court of New Mexico.

October 28, 1968.

Attorney(s) appearing for the Case

Thomas A. Donnelly, Santa Fe, for defendant-appellant.

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

OPINION

COMPTON, Justice.

Appellant appeals from an order denying post conviction relief under Rule 93, § 21-1-1(93), N.M.S.A. 1953. The single point urged for a reversal of the order reads:

"Defendant's conviction was obtained as the result of evidence secured through an illegal detention and arrest of defendant without probable cause and without obtaining in advance a warrant for defendant's arrest or a search warrant, although ample opportunity...

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