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BURTON v. STATE

No. 9147.

481 P.2d 407 (1971)

82 N.M. 328

John Doyle BURTON, Petitioner-Appellant, v. STATE of New Mexico, Respondent-Appellee.

Supreme Court of New Mexico.

February 22, 1971.

Attorney(s) appearing for the Case

Fred T. Hensley, Portales, for petitioner-appellant.

James A. Maloney, Atty. Gen., John A. Darden, Asst. Atty. Gen., Santa Fe, for respondent-appellee.

OPINION

OMAN, Justice.

Defendant was convicted of second degree murder on September 3, 1957, upon his plea of guilty. He was thereupon sentenced to imprisonment in the State Penitentiary for a term of from three years to life.

He is now before us on appeal from an order denying his motion for post-conviction relief filed pursuant to Rule 93, Rules of Civil Procedure for the District Courts [§ 21-1-1(93), N.M.S.A. 1953 (Repl.Vol. 4, 1970)]. We...

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