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LEWIS v. STATE OF NEW MEXICO

No. 461-69.

423 F.2d 1048 (1970)

Billy Joe LEWIS, Appellant, v. STATE OF NEW MEXICO, Appellee.

United States Court of Appeals, Tenth Circuit.

March 23, 1970.

Attorney(s) appearing for the Case

Craig A. Murdock, Denver, Colo., for appellant.

Joseph F. Baca, Special Asst. Atty. Gen., Albuquerque, N. M. (James A. Maloney, Atty. Gen., Santa Fe, N. M., with him on the brief), for appellee.

Before MURRAH, Chief Judge, and HILL and HICKEY, Circuit Judges.

MURRAH, Chief Judge.

While serving a Texas state imposed sentence petitioner Lewis brought this habeas corpus proceedings in the federal district court of New Mexico to test the constitutionality of a New Mexico state imposed sentence which he is not serving but on which a detainer has been lodged with the Texas warden. The appeal is from an order of the New Mexico court discharging the writ for lack of jurisdiction. The trial judge did not state his reasons for the...

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