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ROGERS v. STATE

No. 4380.

608 P.2d 530 (1980)

94 N.M. 218

Dale ROGERS, Defendant-Appellant, v. STATE of New Mexico, Plaintiff-Appellee.

Court of Appeals of New Mexico.

February 19, 1980.

Attorney(s) appearing for the Case

John B. Bigelow, Chief Public Defender, Martha A. Daly, Asst. App. Defender, Santa Fe, Ann Steinmetz, Trial Counsel, Albuquerque, for petitioner-appellant.

Jeff Bingaman, Atty. Gen., John G. McKenzie, Jr., Asst. Atty. Gen., Santa Fe, for respondent-appellee.

OPINION

WOOD, Chief Judge.

Defendant moved to dismiss the indictment on the ground that the "notice" requirements of § 31-6-11(B), N.M.S.A. (Supp. 1979) had not been met. The trial court denied the motion; we granted an interlocutory appeal.

The "notice" provision of § 31-6-11(B), supra, was enacted in 1979. It reads:

B. It is the duty of the grand jury to weigh all the evidence submitted to it, and when it has reason to believe...

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