MORRIS v. APODACA

No. 6685.

349 P.2d 335 (1960)

66 N.M. 421

Virginia MORRIS, Petitioner-Appellant, v. Tomas APODACA, Respondent-Appellee.

Supreme Court of New Mexico.

February 19, 1960.


Attorney(s) appearing for the Case

Schall & Sceresse, Kenneth A. Patterson, Albuquerque, for appellant.

Paul W. Robinson, Dist. Atty., George F. Stevens and Victor R. Ortega, Asst. Dist. Attys., Albuquerque, for appellee.


CARMODY, Justice.

This is an appeal from the quashing of a writ of certiorari by the district court.

The question for our determination is whether certiorari is available to contest the action of a justice of the peace, as committing magistrate, in binding a defendant over for trial.

Appellant was charged, by complaint before the appellee as justice of the peace, with attempting to commit a felony, to-wit: abortion. A preliminary hearing was held,...

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