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STATE v. GARCIA

No. 6018.

301 P.2d 337 (1956)

61 N.M. 404

STATE of New Mexico, Appellant, v. Juan GARCIA, Appellee.

Supreme Court of New Mexico.

September 6, 1956.

Attorney(s) appearing for the Case

Richard H. Robinson, Atty. Gen., Paul L. Billhymer, Walter R. Kegel, Asst. Attys. Gen., for appellant.

Harry L. Bigbee, Donnan Stephenson, Matias A. Zamora, Santa Fe, for appellee.

LUJAN, Justice.

The appellee, Juan Garcia, was indicted by the grand jury of Santa Fe County for the crime of perjury. Appellee interposed a motion to quash the indictment on the ground that the grand jury was composed of more than twelve members. The motion was sustained, and from that judgment the state appeals.

The record discloses that the grand jury which returned the indictment against appellee was composed of thirteen persons.

The State-appellant...

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