COMPTON, Chief Justice.
The question presented on appeal is whether petitioner, a justice of the peace, charged with having violated the provisions of Section 36-20-2, N.M.S.A., 1953 Compilation, while in office, is entitled to the right of trial by jury. The section under which the petitioner was charged and the penalty statute, § 36-20-3, read:
Section 36-20-2.
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