State v. Simien

OPINION

CHAVEZ, Chief Justice!

Defendant-appellant Wilton S. Simien attacked by motion under Rule 93 (§ 21-1-1 (93), N.M.S.A., 1953 Comp.), the judgment and sentence imposed upon him in 1965 by the District Court of San Juan County. After a hearing, at which appellant and others testified concerning the crime of which appellant had been convicted, appellant’s arrest, interrogation and guilty plea, appellant’s motion was denied and appeal from the denial was taken.

Under appellant’s Rule 93 motion, three points were raised under which appellant alleged that he was arrested without a warrant and…