STATE v. CHAVEZ

No. 7114.

373 P.2d 533 (1962)

70 N.M. 289

STATE of New Mexico ex rel. Presciliano MIERA, Petitioner-Appellant, v. Rumaldo E. CHAVEZ, Police Magistrate in and for the City of Santa Fe, New Mexico, Respondent-Appellee.

Supreme Court of New Mexico.

July 26, 1962.


Attorney(s) appearing for the Case

M.P. Gutierrez, Santa Fe, for appellant.

Dean S. Zinn, Santa Fe, for appellee.


CARMODY, Justice.

The sole question is whether a police magistrate can be disqualified under a statute which provides for disqualification of justices of the peace.

Petitioner-appellant was charged with violations of certain ordinances of the city of Santa Fe, and filed an affidavit to the effect that Rumaldo E. Chavez, as police magistrate, could not, in the belief of affiant, preside over the case with impartiality. The affidavit was in a form as would comply...

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