Gantar v. Cox

NOBLE, Justice.

Petitioner was sentenced to serve not less than three nor more than fifteen years in the New Mexico penitentiary following a plea of guilty to unarmed robbery and has brought original habeas corpus in the Supreme Court contending abridgment of his fundamental constitutional rights because of failure to assign counsel to represent him before the magistrate.

Upon authority of Sanders v. Cox, 74 N.M. 525, 395 P.2d 353, the writ of habeas corpus heretofore issued should be discharged. The fact that petitioner was required to plead to the information in the district court without the…