Smith v. State

OPINION

MOISE, Justice.

This is an appeal from a denial of relief sought under Rule 93 (§ 21-1-1(93), N.M. S.A.1953). Appellant was convicted of murder in the first degree. Following conviction, she was sentenced to life imprisonment pursuant to a stipulation between her counsel and the district attorney which was read to the jury, wherein it was agreed that the death penalty would not be sought and that in the event of conviction of murder in the first degree the maximum sentence would be life imprisonment. No appeal was taken from the sentence imposed.

By her motion appellant asserts,…