State v. Trimble

OPINION

SPIESS, Judge, Court of Appeals.

The defendant, Roy Edward Trimble,: was charged by information with the crime: of robbery and after trial by jury was convicted and sentenced in accordance with the applicable statute.. Thereafter, and; while a prisoner of the New Mexico State. Penitentiary, he filed a motion under Rule; 93 (§ 21-1-1(93), N.M.S.A.1953) to vacate the judgment and sentence theretofore imposed. The motion having been denied by the trial court this appeal followed.'

Defendant first contends that his conviction was wrongful for the reas.on that upon the hearing of a pre-trial…