OPINION
WOOD, Judge.
Is a prosecutor (in this case, an assistant district attorney), authorized to charge first degree murder in an information based on a magistrate's bind-over order for trial on second degree murder? No. We discuss (1) the applicability of State v. Melendrez, 49 N.M. 181, 159 P.2d 768 (1945); and (2) authority to charge.
The criminal complaint against each defendant charged murder in violation of § 30-2-1, N.M.S.A....
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