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STATE v. ARMIJO

No. 7317.

380 P.2d 196 (1963)

72 N.M. 50

STATE ex rel. Patrick F. HANAGAN, District Attorney in and for the Fifth Judicial District, Petitioner, v. Luis E. ARMIJO, District Judge in and for the Fourth Judicial District sitting in and for the Fifth Judicial District in and for Eddy County, Respondent.

Supreme Court of New Mexico.

March 27, 1963.

Attorney(s) appearing for the Case

Patrick F. Hanagan, Dist. Atty., Roswell, C. N. Morris, Asst. Dist. Atty., Carlsbad, Jack Love, Asst. Dist. Atty., Lovington, for petitioner.

T. E. Lusk, John B. Walker, Carlsbad, for respondent.

CARMODY, Justice.

This is an original proceeding in prohibition. Relator claims that the respondent has no jurisdiction to allow a criminal defendant to perpetuate the testimony of the defendant's witnesses, and also that the respondent has no jurisdiction to reopen a preliminary hearing.

The facts of the case are briefly as follows: A preliminary hearing was commenced in a murder case before a district judge of the Fifth Judicial District sitting as a committing...

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