STATE v. PATTON

No. 487.

474 P.2d 711 (1970)

82 N.M. 29

STATE of New Mexico, Plaintiff-Appellee, v. Andrew K. PATTON and Lyle V. Moody, Defendants-Appellants.

Court of Appeals of New Mexico.

September 11, 1970.


Attorney(s) appearing for the Case

George P. Jones, III, Albuquerque, for appellant Patton.

Douglas T. Francis, Albuquerque, for appellant Moody.

James A. Maloney, Atty. Gen., Santa Fe, Justin Reid, Asst. Atty. Gen., for appellee.


OPINION

HENDLEY, Judge.

Defendants' motions for post-conviction relief under Rule 93 [§ 21-1-1(93), N.M.S.A. 1953, (Supp. 1969)], were denied without hearings.

Rule 93, supra, provides in part that:

"Unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief, the courts shall * * * grant a prompt hearing therein, determine the issues and make findings of fact and conclusions...

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