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BENALLY v. MARCUM

No. 10373.

553 P.2d 1270 (1976)

89 N.M. 463

Johnson BENALLY, Petitioner-Appellant, v. Roy MARCUM, Judge of the Municipal Court of the City of Farmington, and the City of Farmington, Respondents-Appellees.

Supreme Court of New Mexico.

September 10, 1976.

Attorney(s) appearing for the Case

Robert M. Strumor, Richard W. Hughes, Jeanne F. Franklin, Claudeen B. Arthur, Shiprock, for appellant.

Dwight D. Arthur, Farmington, for appellees.

OPINION

MONTOYA, Justice.

The petitioner is an enrolled member of the Navajo Tribe who resides on the Navajo Reservation, within San Juan County and near the City of Farmington. The respondents are a municipal judge of the City of Farmington and the City of Farmington itself. The petitioner sought a writ of prohibition in the District Court of San Juan County on the basis of the following facts. Farmington police officers attempted to stop Benally within...

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