State v. Mayberry
This text of 609 P.2d 725 (State v. Mayberry) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ORDER
This case comes before us on a petition for writ of certiorari and raises the same issue as that recently resolved by this Court in State v. Mann, 94 N.M. 276, 609 P.2d 609 723 (1980). The issue is whether magistrate courts can rely upon N.M.Magis.-R. Crim.P. 17(b), N.M.S.A.1978, in dismissing felony charges over which they have no trial jurisdiction. They cannot. For the reasons set forth in Mann, we reverse the Court of Appeals. The State may proceed with its prosecution of the defendants under the grand jury indictment issued against them on November 13, 1979.
IT IS SO ORDERED.
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609 P.2d 725, 94 N.M. 278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mayberry-nm-1980.