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STATE v. SCARBOROUGH

No. 7980.

410 P.2d 732 (1966)

75 N.M. 702

STATE of New Mexico, ex rel. Gilbert Joe Anaya, Petitioner, v. James M. SCARBOROUGH, District Judge, respondent.

Supreme Court of New Mexico.

January 17, 1966.

Attorney(s) appearing for the Case

Bertrand B. Prince, Santa Fe, for petitioner.

Alfonso G. Sanchez, Sante Fe, for respondent.

MOISE, Justice.

Petitioner claims respondent Judge has an "interest" in the proceeding so as to disqualify him from sitting in this cause under the provisions of Art. VI, § 18, N.M. Const., which reads:

"No judge of any court nor justice of the peace shall, except by consent of all parties, sit in the trial of any cause in which either of the parties shall be related to him by affinity or consanguinity within the degree of first cousin, or in which he...

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