STATE v. MOSLEY

No. 224.

445 P.2d 391 (1968)

79 N.M. 514

STATE of New Mexico, Plaintiff-Appellee, v. Kenneth D. MOSLEY, Defendant-Appellant.

Court of Appeals of New Mexico.

September 13, 1968.


Attorney(s) appearing for the Case

B.R. Baldock, Sanders & Bruin, Roswell, for defendant-appellant.

Boston E. Witt, Atty. Gen., David R. Sierra, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

WOOD, Judge.

Defendant's motion for post-conviction relief under § 21-1-1(93), N.M.S.A. 1953, was denied without a hearing. His appeal raises three issues.

1. Defendant was charged by a criminal information. He claims that under N.M.Const. Art. XX, § 20, he was entitled to be indicted by a grand jury. The claim is without merit. Under N.M.Const. Art. II, § 14, a defendant may be charged either by grand jury action or by a criminal...

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