State v. Garcia
Decision Date | 06 September 1956 |
Docket Number | No. 6018,6018 |
Citation | 61 N.M. 404,1956 NMSC 85,301 P.2d 337 |
Parties | STATE of New Mexico, Appellant, v. Juan GARCIA, Appellee. |
Court | New Mexico Supreme Court |
Richard H. Robinson, Atty. Gen., Paul L. Billhymer, Walter R. Kegel, Asst. Attys. Gen., for appellant.
Harry L. Bigbee, Donnan Stephenson, Matias A. Zamora, Santa Fe, for appellee.
The appellee, Juan Garcia, was indicted by the grand jury of Santa Fe County for the crime of perjury. Appellee interposed a motion to quash the indictment on the ground that the grand jury was composed of more than twelve members. The motion was sustained, and from that judgment the state appeals.
The record discloses that the grand jury which returned the indictment against appellee was composed of thirteen persons.
The State-appellant filed a pro forma brief in chief pursuant to Rule 15, subd. 5, of the Rules of Supreme Court, wherein, among other things, it calls upon the appellee to specify and maintain the insufficiency of the indictment which was quashed by the district court. Thereafter the appellee filed his brief in chief wherein he contends, among other things, that the grand jury which returned the indictment against him was not a grand jury as contemplated by our Constitution and that its action was a nullity. We agree with this contention.
In Ogle v. State, 43 Tex.Cr.R. 219, 63 S.W. 1009, 1011, 96 Am.St.Rep. 860, we find this language, and quote with approval ...
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State v. Timmons, 6019
...Carl S. Schreiber, Santa Fe, for appellee. PER CURIAM. The same questions are presented in this case as in the case of State v. Garcia, 61 N.M. 404, 301 P.2d 337, and with which it has been consolidated for oral argument and submission. Accordingly, on the authority of the pronouncements ma......
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State v. Ortiz, 6021
...Harold A. Roberts, Santa Fe, for appellee. PER CURIAM. The same questions are presented in this case as in the case of State v. Garcia, 61 N.M. 404, 301 P.2d 337, and with which it has been consolidated for oral argument and submission. Accordingly, on the authority of the pronouncements ma......