[DOWNLOAD] "Mccutcheon V. Cox" by New Mexico Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Mccutcheon V. Cox
- Author : New Mexico Supreme Court
- Release Date : January 19, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
While serving a sentence in the New Mexico state penitentiary from Socorro County, appellee made a non-violent escape from the prison farm. Upon recapture, he was charged with unlawful escape contrary to 42-1-61, N.M.S.A., 1961 Pocket Supp. He pled guilty and was sentenced in Valencia County to serve a term in the penitentiary of "not less than two years," which sentence was to run consecutively with his initial sentence. After an in-custody parole from the first sentence appellee began service of his sentence for escape. Subsequently, he filed a petition for an alternative writ of mandamus in the district court of the first judicial district for Santa Fe County. A writ was issued by the district court of the first judicial district to appellant, commanding him to treat appellee's sentence for escape as being for a maximum term of two years, or to show cause why it should not be so treated. After a hearing, the court granted a peremptory writ of mandamus ordering appellant to treat the sentence for escape as being for a maximum term of two years. Appellant made timely appeal to this court.