SANCHEZ v. ATTORNEY GENERAL

No. 3963.

598 P.2d 1170 (1979)

93 N.M. 210

Tom SANCHEZ, Jr., Plaintiff-Appellant v. ATTORNEY GENERAL (for Judge Caldwell), Defendant-Appellee.

Court of Appeals of New Mexico.

June 26, 1979.


Attorney(s) appearing for the Case

James L. Brandenburg, Albuquerque, for plaintiff-appellant.

Jeff Bingaman, Atty. Gen., Suzanne Tanner, Asst. Atty. Gen., Santa Fe, for defendant-appellee.


OPINION

WOOD, Chief Judge.

Does a district court have authority to compel handwriting exemplars from a person who has not been charged with a crime, has not been arrested and has not been directed to appear before an investigative agency pursuant to statutory authority? In answering this question in the negative, we (1) outline concepts on which our answer is not based, and (2) discuss the authority of a district court.

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