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STATE v. CLARK

No. 8792.

455 P.2d 844 (1969)

STATE of New Mexico, Plaintiff-Appellee, v. Elsie CLARK, Jr., Defendant-Appellant.

Supreme Court of New Mexico.

June 16, 1969.

Attorney(s) appearing for the Case

Atwood & Malone, Paul Cooter, Robert E. Sabin, Roswell, for appellant.

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

OPINION

MOISE, Justice.

Petitioner here seeks review of the decision of the Court of Appeals affirming his conviction of the crime of kidnapping. Jurisdiction is asserted because of two claimed errors in the opinion, viz.,

(1) That the kidnapping statute (§ 40A-4-1, N.M.S.A. 1953) under which petitioner was convicted is unconstitutional in that it permits conviction of kidnapping, a capital or second degree felony, for the identical conduct...

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