STATE v. SWIM

No. 551.

483 P.2d 1318 (1971)

82 N.M. 478

STATE of New Mexico, Plaintiff-Appellee, v. Claude David SWIM and Richard Anthony Bobrick, Defendants-Appellants.

Court of Appeals of New Mexico.

April 2, 1971.


Attorney(s) appearing for the Case

Louis G. Stewart, Jr., Albuquerque, for defendants-appellants.

James A. Maloney, Atty. Gen., C. Emery Cuddy, Jr., Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

SPIESS, Chief Judge.

Defendants' petitions for post conviction relief, Rule 93 (§ 21-1-1(93), N.M.S.A. 1953, (Rpl. Vol. 4), were denied, without an evidentiary hearing. The court, after reviewing the allegations of the petitions, and the files and records of the case, determined that "* * * it is conclusively shown that defendants are not entitled to relief under Rule 93." Appeal is from the trial court's orders denying relief as to each defendant...

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