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STATE v. BIGLER

No. 5657.

652 P.2d 754 (1982)

98 N.M. 732

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

Court of Appeals of New Mexico.

Certiorari Denied October 20, 1982.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Barbara F. Green, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Nancy Hollander, Freedman, Boyd & Daniels, P.A., Albuquerque, for defendant-appellee.

OPINION

HENDLEY, Judge.

The State appeals the trial court's dismissal, without prejudice, of a two-count indictment for distribution of over 100 pounds of marijuana. The grounds for the dismissal were a sixty-five second blank in a recording of the grand jury proceedings upon which the indictment was based. The silence occurred at the beginning of the testimony of a witness, Rowland. The bailiff testified that the...

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