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STATE OF NEW MEXICO EX REL. SERNA v. HODGES

Nos. 10187, 10194.

552 P.2d 787 (1976)

89 N.M. 351

STATE of New Mexico ex rel. E.C. SERNA, District Attorney for the Sixth Judicial District, State of New Mexico, Petitioner, v. Hon. Norman HODGES, District Judge of the Sixth Judicial District, State of New Mexico, Respondent.

Supreme Court of New Mexico.

June 29, 1976.

Attorney(s) appearing for the Case

E.C. Serna, Dist. Atty., Patricio S. Sanchez, Asst. Dist. Atty., Silver City, Toney Anaya, Atty. Gen., F. Scott MacGillivray, Asst. Atty. Gen., Santa Fe, for petitioner.

Sherman & Sherman, Paul F. Sherman, Deming, Glenn B. Neumeyer, Las Cruces, for respondent.

OPINION

STEPHENSON, Justice.

These consolidated cases raise the question whether the New Mexico death penalty statute, § 40A-29-2, N.M.S.A. 1953 (Supp. 1975)1 is unconstitutional under the eighth or fourteenth amendments to the Constitution of the United States or under Article II, § 13 or 18 of the Constitution of New Mexico.

On September 11, 1974, the respondent, in State v. Edington, Criminal No. 1086...

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