STATE v. GRAY

No. 318.

461 P.2d 233 (1969)

80 N.M. 751

STATE of New Mexico, Plaintiff-Appellee, v. Jose Robert GRAY, Defendant-Appellant.

Court of Appeals of New Mexico.

October 31, 1969.


Attorney(s) appearing for the Case

Samuel Mandel, Albuquerque, for defendant-appellant.

James A. Maloney, Atty. Gen., Santa Fe, Robert J. Laughlin, Vince D'Angelo, Asst. Attys. Gen., for plaintiff-appellee.


OPINION

SPIESS, Chief Judge.

Defendant appeals from an order denying his motion, without a hearing, for post conviction relief under § 21-1-1(93), N.M.S.A. 1953. He was convicted of murder in the second degree which was affirmed in State v. Gray, 79 N.M. 424, 444 P.2d 609 (Ct.App. 1968).

Two points are relied upon for reversal. First...

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