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Guy Henry Smith has been ordered released from the State Pen By District JudgeCaswell Neal of Carlsbad.Smith entered a guilty plea to armed robbery of the late Phil Vener, Hobbs merchant on September 23, 1963. Vener was murdered and brutally beaten In November of 196?,Smith was arrested in Hobbs, and was not represented by an attorney. He appeared in District Court and entered a guilty pleaand was sentenced to 10 to 50 years in the State Pen.He started his drive to get out In 1964 when ahabaes corpus hearing was denied, on Nov. 13, 1967, Smith filed to vacate his sentence under rule 93 handed down by the U, S. Supreme Court,In freeing Smith, Judge Neal stated no order binding defendant over to District Court has been filed and no basis lor filing an Information.Smith was arraigned inDistrict Court in Lovingtonthe same day the Information was filed, records show. Jack Love, now assistant U,S. District attorney in Albuquerque was assistant DA inHobbs at the time.Judge Neal said the defendant had no attorney, waivedright, but nothing to show in the record he was advisedof his constitutional rights*or that he waived rights, fudge Neal went on to say the record does not show he intelligently waived right, not advised of period for which he could be confined.He set aside the sentence and 'held it for naught,He ordered the warden to release Smith,Record's in Smith's file In Lovington District Court i shows he was advised of hisi rights in District Court ati the time he was arraigned,f entered' a guilty plea andi was sentenced,, Smith claimed in his hand-i written petition, that he wast not informed of his rights.He said he was arrested i September 19, had a 6thgrade education, was a lay-i mon and a pauper, The statei paid for ail expenses of hisf hearing and filing of petition.He said the bill of information was not clear and he ’ did not know he could changehis plea to not guilty In District Court.
Newspaper Details
Hobbs Flare
Hobbs, New Mexico, US
Thu, Jan 11, 1968
Page 1
Full Page
Clipped by
Myrna A.
USA 09 Sep 2020
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