STATE v. HILL

No. 1706.

539 P.2d 236 (1975)

88 N.M. 216

STATE of New Mexico, Plaintiff-Appellee, v. Sam HILL, Jr., Defendant-Appellant.

Court of Appeals of New Mexico.

July 23, 1975.


Attorney(s) appearing for the Case

Mary C. Walters, Marchiondo & Berry, P.A., Albuquerque, for defendant-appellant.

Toney Anaya, Atty. Gen., Prentis Reid Griffith, Jr., Special Asst. Atty. Gen., Andrea Buzzard, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

SUTIN, Judge.

Defendant was convicted of involuntary manslaughter. Section 40A-2-3(B), N.M.S.A. 1953 (2d Repl. Vol. 6). He appeals. We reverse.

A. Presence and participation of private prosecutor in grand jury proceeding is reversible error.

The indictment was returned on January 9, 1974. On the opening day of trial, defendant announced that it had been called to his attention that the person presenting the matter to the...

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