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STATE v. CHAMBERS

No. 1194.

524 P.2d 999 (1974)

86 N.M. 383

STATE of New Mexico, Plaintiff-Appellee, v. Michael Edward CHAMBERS and Joseph X. White, Defendants-Appellants.

Court of Appeals of New Mexico.

Certiorari Denied July 25, 1974.

Attorney(s) appearing for the Case

William S. Martin, Jr., Silver City, Michael J. Brown, Brown & Finn, Tucson, Ariz., for defendants-appellants.

David L. Norvell, Atty. Gen., Dee C. Blythe, Andrea Buzzard, Asst. Attys. Gen., Santa Fe, for plaintiff-appellee.

OPINION

SUTIN, Judge.

Defendant was convicted and sentenced for unlawful delivery of marijuana. Section 54-9-3, N.M.S.A. 1953 (Repl.Vol. 8, pt. 2, 1971 Supp.). He appeals. We reverse.

(A) Failure of Trial Court to Disqualify Grant County District Attorney's Office

On November 14, 1972, at 9:15 a.m., in court chambers, before trial commenced, defendant moved "that the District Attorneys' of Grant County be disqualified from prosecuting...

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