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STATE v. MONTOYA

No. 6474.

338 P.2d 1051 (1959)

65 N.M. 416

STATE of New Mexico ex rel. Charles G. SAGE and Armando G. Nasci, Relators, v. Honorable Samuel Z. MONTOYA, Judge of the First Judicial District of the State of New Mexico, substituting the Honorable David W. Carmody, no longer a District Judge of said Judicial District, Respondent.

Supreme Court of New Mexico.

Rehearing Denied May 25, 1959.

Attorney(s) appearing for the Case

Bigbee & Stephenson, Matias A. Zamora, Santa Fe, for relators.

Fred M. Standley, Atty. Gen., Fred M. Calkins, Jr., and Alfred P. Whittaker, Ass't Attys. Gen., for respondent.

LUJAN, Chief Justice.

This is an original proceeding for a writ of prohibition by relators against the District Court of the First Judicial District, Santa Fe County, and the Honorable David W. Carmody, formerly district judge therein.

On March 29, 1958, certain indictments were returned against each of the relators which read as follows:

"1. State of New Mexico v. Charles G. Sage, No. 6822: The Grand Jurors...

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