[Download] "State V. Budau" by New Mexico Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: State V. Budau
- Author : New Mexico Court of Appeals
- Release Date : January 05, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Defendant was tried and convicted of "escape from penitentiary", § 40A-22-9, N.M.S.A. 1953 (2d Repl. Vol. 6), when he left the confines of the prison honor farm at Los Lunas without permission. He appeals, asserting four points of error: (1) that the case should have been dismissed because he was not arraigned within 15 days after the indictment; (2) that the trial judge erroneously refused to honor an affidavit of disqualification; (3) that because he had already been punished administratively for his escape, this conviction constitutes double jeopardy; and (4) that § 40A-22-9, supra, is unconstitutional as it applies to escape from the prison honor farm.