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FRANCIA v. RODRIGUEZ

No. 9074.

371 F.2d 827 (1967)

Frank G. FRANCIA, Appellant, v. Felix RODRIGUEZ, Acting Warden, New Mexico State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

January 19, 1967.

Attorney(s) appearing for the Case

Lyle E. Teutsch, Jr., Santa Fe, N. M., for appellant.

L. D. Harris, Sp. Asst. Atty. Gen., Albuquerque, N. M. (Boston E. Witt, Atty. Gen., Santa Fe, N. M., with him on the brief), for appellee.

Before PICKETT and SETH, Circuit Judges, and BROWN, District Judge.

PER CURIAM.

In 1952, appellant Francia was committed to the state penitentiary at Santa Fe, New Mexico, to serve a sentence of not less than 90 years or more than 99 years for the crime of second degree murder. Sentence was pronounced orally by the then presiding Judge of the District Court of Torrance County, New Mexico, but the records of that court do not contain a judgment and sentence signed by him. In a habeas corpus proceeding brought by Francia in the Supreme...

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