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GRAY v. SANCHEZ

Nos. 9833, 9853.

520 P.2d 1091 (1974)

Richard GRAY, Petitioner, v. Rozier E. SANCHEZ and Harry E. Stowers, Jr., District Judges, Second Judicial District, State of New Mexico, and all other Judges of the Second Judicial District, Respondents. Willie E. ROBERTSON, Petitioner, v. Honorable Maurice SANCHEZ, Judge of the District Court, Second Judicial District, Respondent; FURR'S INC., Real Party in Interest.

Supreme Court of New Mexico.

Supplemental Opinion on Rehearing April 12, 1974.

Attorney(s) appearing for the Case

Marchiondo & Berry, P.A., Mary C. Walters, Albuquerque, for Gray.

David L. Norvell, Atty. Gen., Bill Primm, Asst. Atty. Gen., Santa Fe, for Sanchez and Stowers.

Aldridge & Pearlman and John S. Campbell, Albuquerque, for Robertson.

Rodey, Dickason, Sloan, Akin & Robb, P.A., William A. Sloan, Robert G. McCorkle and John P. Burton, Albuquerque, for Sanchez.

OPINION

McMANUS, Chief Justice.

The two prohibition proceedings, the subject of this opinion, were heard separately, but because of similar issues both matters will be disposed of in this consolidated opinion. The first, Gray v. Sanchez, et al., No. 9833, will be referred to as Gray. The second, Robertson v. Sanchez, et al., No. 9853, will be referred to as Robertson.

In Gray, an indictment was returned on July 17, 1973, wherein defendant-petitioner...

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