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STATE v. HOLLOWELL

No. 342.

461 P.2d 238 (1969)

80 N.M. 758

STATE of New Mexico, Plaintiff-Appellee, v. James W. HOLLOWELL, Defendant-Appellant.

Court of Appeals of New Mexico.

October 31, 1969.

Attorney(s) appearing for the Case

Robert S. Skinner, Raton, for appellant.

James A. Maloney, Atty. Gen., Santa Fe, James V. Noble, Asst. Atty. Gen., for appellee.

OPINION

WOOD, Judge.

Convicted of violating § 40A-22-16, N.M.S.A. 1953 (Repl.Vol. 6), defendant appeals. The offense is "assault by prisoner." The issues concern: (1) lack of mental competency to stand trial; (2) a motion for continuance; and, (3) the instruction stating the material allegations of the offense.

Competency to stand trial.

Defendant asserted his incompetency to stand trial on four separate occasions. The issue...

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