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STATE v. POWELL

No. 13398.

839 P.2d 139 (1992)

114 N.M.App. 395

STATE of New Mexico, Plaintiff-Appellant, v. David William POWELL, Defendant-Appellee.

Court of Appeals of New Mexico.

July 27, 1992.

Attorney(s) appearing for the Case

Tom Udall, Atty. Gen., Joel K. Jacobsen, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Thomas R. Figart, Law Systems of Las Cruces, P.A., Las Cruces, for defendant-appellee.

Hal Simmons, Albuquerque, for amicus curiae New Mexico Press Ass'n & New Mexico Broadcasters Ass'n.

OPINION

HARTZ, Judge.

Defendant, a teacher at Western New Mexico University, was convicted of criminal libel in magistrate court because of accusations he had made against the university's acting vice-president for academic affairs. He then exercised his statutory right to appeal to district court, where he was entitled to a trial de novo. NMSA 1978, §§ 35-13-1, -2(A) (Repl.Pamp. 1988). Defendant moved the district court to dismiss the complaint...

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