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STATE v. BUDAU

No. 1146.

518 P.2d 1225 (1973)

STATE of New Mexico, Plaintiff-Appellee, v. Gary Lee BUDAU, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied January 8, 1974.

Attorney(s) appearing for the Case

Robert J. Laughlin, Belen, for defendant-appellant.

David L. Norvell, Atty. Gen., Jane E. Pendleton, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

HERNANDEZ, Judge.

Defendant was tried and convicted of "escape from penitentiary", § 40A-22-9, N.M.S.A. 1953 (2d Repl.Vol. 6), when he left the confines of the prison honor farm at Los Lunas without permission. He appeals, asserting four points of error: (1) that the case should have been dismissed because he was not arraigned within 15 days after the indictment; (2) that the trial judge erroneously refused to honor an affidavit of disqualification...

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