State v. Sisneros

OPINION

OMAN, Judge, Court of Appeals.

Defendant was convicted on June 4, 1964, of murder in the second degree, and he is confined in the State Penitentiary. The case is now before us on appeal from an order denying his motion for post-conviction relief under Rule 93 [§ 21-1-1 (93), N.M.S.A.1953 (Supp.1967) ].

On January 26, 1961, he was fourteen years of age. Upon arriving home from junior high school on that date, he reported to his mother that he had been assaulted by two boys. The mother reported this claimed assault to the police, and about 4:00 p. m. a policeman called at the home to…