New Mexico Supreme Court, 1965

State v. Reynolds

State v. Reynolds
New Mexico Supreme Court · Decided November 1, 1965 · Carmody, Chavez, Compton, Moise, Noble
75 N.M. 521; 407 P.2d 361

State v. Reynolds

Opinion of the Court

MOISE, Justice.

This'case presents the identical question decided this date in State v. Dalrymple, 75 N.M., 514, 407 P.2d 356, and the two cases were consolidated for argument here. The decision announced in State v. Dalrymple is controlling here, and this case is accordingly -rewersed and remanded to the trial court with instructions to grant a new trial on the information charging defendant as a habitual offender.

It is so ordered.

CARMODY, C. J., and CHAVEZ, NOBLE and COMPTON, JJ., concur.

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