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COWAN v. DAVIS

No. 13263.

628 P.2d 314 (1981)

96 N.M. 69

Donna J. COWAN, Petitioner-Appellant, v. Hon. Thomas DAVIS, Respondent-Appellee.

Supreme Court of New Mexico.

May 19, 1981.

Attorney(s) appearing for the Case

Martha A. Daly, Appellate Defender, Melanie S. Kenton, Asst. Appellate Defender, Sante Fe, Teel & Walker, John J. Walker, Albuquerque, for petitioner-appellant.

Jose L. Martinez, Albuquerque, for respondent-appellee.

OPINION

RIORDAN, Justice.

Defendant Donna J. Cowan was tried in magistrate court on a charge of prostitution. After the jury was unable to reach a verdict, the magistrate judge declared a mistrial and directed that a new trial date be obtained from the docketing clerk. Counsel for the State and for the defendant immediately obtained a new trial setting. The final order entered after the mistrial did not expressly...

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