State v. Robinson

OPINION

WOOD, Judge, Court of Appeals.

Defendant was denied post-conviction relief under § 21-1-1(93) N.M.S.A.1953 (Interim Supp.1966). In his appeal he asserts (1) that he was denied counsel when taken before the justice of the peace and (2) that he was not given and did not waive a preliminary hearing.

Defendant pleaded not guilty at his arraignment in district court. He was tried and found guilty by a jury. He was represented by counsel at arraignment and trial. He does not claim that his counsel was incompetent.

Absent a showing of prejudice, the plea at arraignment waived prior defects in…