HAMILTON v. WALKER

No. 6544.

340 P.2d 407 (1959)

65 N.M. 470

Omie HAMILTON, Relator, v. Allan D. WALKER, District Judge of the Third Judicial District, State of New Mexico, Respondent.

Supreme Court of New Mexico.

June 4, 1959.


Attorney(s) appearing for the Case

C. C. Chase, Jr., Alamogordo, for relator.

Dan Sosa, Jr., Glenn B. Neumeyer, Las Cruces, for respondent.

W. R. Kegel, Santa Fe, and Patrick F. Hanagan, Roswell, Dist. Attys., Jack L. Love, Asst. Dist. Atty., Lovington, amici curiae.


MOISE, Justice.

This is an original proceeding in this Court whereby the Relator seeks prohibition against the Respondent, District Judge of the Third Judicial District. An alternative writ was issued upon Relator's showing that unless prohibited the Respondent would proceed to try her on a charge of driving while under the influence of intoxicating liquor as prohibited by § 64-22-2, N.M.S.A. 1953, 1957 Supplement, without a jury although trial by jury had been...

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