Lott v. Cox

Petitioner seeks his release from" the custody of the Warden of the New-Mexico State Penitentiary on the ground that the commitment under which he is being'confined is void.

After serving part of a sentence following his conviction of the crime of_ breaking and entering in Cause No. 5047, Curry County, the petitioner was returned ’from the penitentiary and charged by separate information in Cause No. 5062 with-having been convicted of prior felonies (§ 4I-16'-L4, N.M.S.A., 1953, since repealed -and replaced by §§ 40A-29-5 through 9 N.M.S.A.,U:953). A jury found him to be the same-pe'i-soíi,-as…