State v. Swim

OPINIÓN

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. We reverse.

The sole contention upon appeal is that: “The Court erred in failing to grant appellants an evidentiary hearing upon their…