STATE v. JAMES

No. 12430.

603 P.2d 715 (1979)

93 N.M. 605

STATE of New Mexico, Petitioner, v. Bobby JAMES, Respondent.

Supreme Court of New Mexico.

Rehearing Denied December 10, 1979.


Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Janice Marie Ahern, Asst. Atty. Gen., Santa Fe, for petitioner.

Cynthia H. Heller, Navajo Legal Aid & Defender Service, Window Rock, Ariz., for respondent.


OPINION

PAYNE, Justice.

Defendant was charged in district court with homicide by vehicle. He moved to dismiss the charge, contending that prior proceedings in the municipal court on lesser included offenses barred a subsequent prosecution for the greater offense. The district court denied the motion, and defendant brought an interlocutory appeal to the Court of Appeals. The Court of Appeals held that jeopardy had...

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