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STATE v. GARCIA

No. 92.

438 P.2d 521 (1968)

78 N.M. 777

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

Court of Appeals of New Mexico.

February 23, 1968.

Attorney(s) appearing for the Case

Eugene E. Brockman, Tucumcari, for defendant-appellant.

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

OPINION

WOOD, Judge.

What is the meaning of "committed" in § 40A-22-8, N.M.S.A. 1953? The statute reads:

"Escape from jail consists of any person who shall have been lawfully committed to any jail, escaping or attempting to escape from such jail."

The criminal complaint charged defendant with a petty misdemeanor. An arrest warrant was issued. Defendant was arrested and jailed. The jury determined that he got out of jail through the...

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