STATE v. WARNER

No. 7180.

379 P.2d 66 (1963)

71 N.M. 418

STATE of New Mexico, Plaintiff-Appellant, v. Alvin K. WARNER, Defendant-Appellee.

Supreme Court of New Mexico.

February 19, 1963.


Attorney(s) appearing for the Case

W.R. Kegel, Sp. Asst. Atty. Gen., Santa Fe, for appellant.

John Quinn, U.S. Atty., John A. Babington, Asst. U.S. Atty., Albuquerque, amicus curiae.

Baggett & Baggett, Farmington, for appellee.


NOBLE, Justice.

Defendant, who is not an Indian, was charged with driving while under the influence of intoxicating liquors. Based upon a stipulation that the alleged criminal offense occurred within the boundaries of the Navajo Indian Reservation, the trial court dismissed the criminal complaint for lack of jurisdiction. The state has appealed. The single question presented is whether the State of New Mexico has jurisdiction to arrest and try a non-Indian for a criminal...

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