OPINION
WOOD, Judge.
Within one year of his judgment and sentence defendant moved for a new trial under §§ 21-1-1(60) (b) and 21-1-1(93), N.M.S.A. 1953 (Repl. Vol. 4). Since defendant is a prisoner in custody under a sentence we treat the motion as one under § 21-1-1(93), supra. Compare State v. Raburn,
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