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STATE OF NEW MEXICO v. TORRES

No. 72-1260.

461 F.2d 342 (1972)

STATE OF NEW MEXICO, Petitioner-Appellee, v. Gene J. TORRES, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

June 9, 1972.

Attorney(s) appearing for the Case

Lorenzo E. Tapia, Joseph D. Beaty, Albuquerque, N. M., for appellant.

Donald J. Wilson, Albuquerque, N. M., for appellee.

Before LEWIS, Chief Judge, and McWILLIAMS and BARRETT, Circuit Judges.

PER CURIAM.

This is an appeal from dismissal of a petition for removal to the United States District Court for the District of New Mexico. Torres presently stands charged with a state offense in Criminal Cause No. 9305, pending in the District Court for the Second Judicial District, County of Bernalillo, State of New Mexico. Seeking removal under 28 U.S.C. § 1443, Torres alleged that more than one year and two months have elapsed since a prior mistrial was declared...

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