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STATE v. SWEAT

No. 39.

433 P.2d 229 (1967)

78 N.M. App. 512

STATE of New Mexico, Plaintiff-Appellee, v. Virgil Martin Sweat, Defendant-Appellant.

Court of Appeals of New Mexico.

October 20, 1967.

Attorney(s) appearing for the Case

Fred C. Tharp, Clovis, for appellant.

Boston E. Witt, Atty. Gen., James V. Noble, Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

HENSLEY, Jr., Chief Judge.

The defendant-appellant, Virgil Martin Sweat, was charged in the Justice of the Peace Court with driving while intoxicated. The accused demanded a jury trial. The Justice of the Peace not being experienced in such matters sought the aid of the district attorney. The district attorney then directed that the case be discontinued in the Justice of the Peace Court so that he could file the charge in the district court. Following...

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