STATE v. TIPTON

No. 7265.

385 P.2d 355 (1963)

73 N.M. 24

STATE of New Mexico, Plaintiff-Appellee, v. Kenneth D. TIPTON, Defendant-Appellant.

Supreme Court of New Mexico.

September 23, 1963.


Attorney(s) appearing for the Case

Smith, Smith & Tharp, Clovis, for appellant.

Earl E. Hartley, Atty. Gen., Joel M. Carson, Shirley C. Zabel, Asst. Attys. Gen., Santa Fe, for appellee.


NOBLE, Justice.

Defendant's sentence for conviction of a second felony was increased as provided by the habitual criminal act, § 41-16-1, N.M.S.A. 1953. He has appealed and contends that this statute has been repealed by implication and is unconstitutional.

Defendant Tipton pled guilty to a charge of rape of an adult female. On the following day he was charged as an habitual criminal, having been formerly convicted of statutory rape in 1953. Through his...

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