Manual Chavez v. J. E. Baker, Warden

Appellant, a state prisoner, appeals from a denial of his habeas corpus petition. The first contention is that he was charged and convicted under the wrong state statute. The state supreme court decided this question adversely to appellant. State v. Chavez, 77 N.M. 79, 419 P.2d 456 (1966)! The interpretation of a state law by the highest court of the state is generally binding on a federal court “unless such interpretation is inconsistent with the fundamentals of liberty and justice.” Newman v. Rodriguez, 375 F.2d 712 at 713 (10th Cir. 1967). Accord, Salazar v. Rodriguez, 371 F.2d 726 (10th…