STATE EX REL. DELGADO v. STANLEY

No. 9436.

495 P.2d 1073 (1972)

STATE of New Mexico ex rel. Albert DELGADO and Robert Delgado, Petitioners, v. The Honorable Richard A. STANLEY, District Judge of the twelfth judicial District, Respondent.

Supreme Court of New Mexico.

April 14, 1972.


Attorney(s) appearing for the Case

James G. Huber, Alamogordo, for petitioners.

Norman D. Bloom, Jr., Dist. Atty., Alamogordo, for respondent.


OPINION

STEPHENSON, Justice.

Petitioners in this original prohibition proceeding seek a writ prohibiting the trial judge from proceeding further in an Otero County District Court criminal proceeding in which they are defendants.

Petitioners assert that the case must be dismissed with prejudice pursuant to § 41-11-4.1, N.M.S.A., 1953 and Rule 95 of the Rules of Civil Procedure [§ 21-1-1(95), N.M.S.A., 1953 (1971 Pocket Supp.)].

The...

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