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STATE EX REL. MALONEY v. NEAL

No. 8887.

457 P.2d 708 (1969)

80 N.M. 460

STATE of New Mexico ex rel. James A. MALONEY, Attorney General, Petitioner, v. Honorable Caswell NEAL, Judge, Fifth Judicial District, and Frances M. Wilcox, Clerk of the District Court, Respondents.

Supreme Court of New Mexico.

August 4, 1969.

Attorney(s) appearing for the Case

James A. Maloney, Atty. Gen., J.F. Bingaman, Justin Reid, Asst. Attys. Gen., Santa Fe, for petitioner.

Patrick F. Hanagan, Dist. Atty., Roswell, Michael F. McCormick, Asst. Dist. Atty., Carlsbad, William C. Fleming, Asst. Dist. Atty., Hobbs, for respondents.

OPINION

TACKETT, Justice.

This is an original proceeding in mandamus brought by the Attorney General against the Honorable Caswell Neal, Judge of the Fifth Judicial District of New Mexico, to require Judge Neal to impanel a jury in conformity with Ch. 222, Laws 1969, which by its terms became effective July 1, 1969 (§ 19-1-3, N.M.S.A., 1953 Comp.).

Judge Neal advised the Attorney General that he intended to utilize the jury panel qualified for...

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