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STATE EX REL. MORENO v. FLOYD

No. 9712.

516 P.2d 670 (1973)

85 N.M. 699

The STATE of New Mexico on the relation of Juan MORENO and David Moreno, Petitioners-Appellants, v. Richard I. FLOYD, Magistrate for Division I, Eddy County, New Mexico, Respondent-Appellee.

Supreme Court of New Mexico.

December 7, 1973.

Attorney(s) appearing for the Case

Dow & Feezer, Carlsbad, for Juan Moreno.

Walker & Estill, Carlsbad, for David Moreno.

David L. Norvell, Atty. Gen., Jay F. Rosenthal, Sp. Asst. Atty. Gen., Augustin T. Gurule, Asst. Atty. Gen., Santa Fe, for respondent-appellee.

OPINION

OMAN, Justice.

Petitioners sought and secured from the District Court of Eddy County a preliminary writ of prohibition directed to Respondent, the magistrate for division I of said county. The writ commanded Respondent, who was conducting a preliminary hearing upon third degree felony charges pending against Petitioners, to desist and refrain from additional action in said criminal proceedings until the further order of the district court and until...

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