STATE v. MORGAN

No. 6647.

354 P.2d 1002 (1960)

67 N.M. 287

STATE of New Mexico, Plaintiff-Appellee, v. James P. MORGAN, Defendant-Appellant.

Supreme Court of New Mexico.

August 22, 1960.


Attorney(s) appearing for the Case

Smith, Kiker & Kitts, Albuquerque, for appellant.

Hilton A. Dickson, Jr., Atty. Gen., Thomas O. Olson, First Asst. Atty. Gen., Boston E. Witt, Asst. Atty. Gen., for appellee.


CARMODY, Justice.

The defendant appeals from a conviction of assault with a deadly weapon.

This case presents the question of whether a defendant, at the trial of a criminal case, is entitled to inspect the grand jury testimony of the state's witnesses.

Defendant Morgan, a police officer in Farmington, was indicted by a grand jury in San Juan County for assaulting the complaining witness with a blackjack or "slapper" after an arrest for a peace disturbance...

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