FLORES v. FEDERICI

No. 7135.

374 P.2d 119 (1962)

70 N.M. 358

Jose E. FLORES, Petitioner, v. Honorable Fred J. FEDERICI, Judge of the Eighth Judicial District of New Mexico, Respondent.

Supreme Court of New Mexico.

August 16, 1962.


Attorney(s) appearing for the Case

Mitchell & Romero, Taos, for petitioner.

George T. Reynolds, Taos, for respondent.

Earl E. Hartley, Atty. Gen., Shirley C. Zabel, Asst. Atty. Gen., Santa Fe, amici curiae.


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.

"No justice of the peace or constable shall directly or indirectly, buy or be interested...

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