New Mexico Statutes

§ 30-1-9 — Tolling of time limitation for prosecution for crimes

New Mexico·Ch. 30 Criminal Offenses·Art. 1 General Provisions

A. If after any crime has been committed the defendant shall conceal himself, or shall flee from or go out of the state, the prosecution for such crime may be commenced within the time prescribed in Section 1-8 [30-1-8 NMSA 1978], after the defendant ceases to conceal himself or returns to the state. No period shall be included in the time of limitation when the party charged with any crime is not usually and publicly a resident within the state. B. When (1) an indictment, information or complaint is lost, mislaid or destroyed;

(2)the judgment is arrested;
(3)the indictment, information or complaint is quashed, for any defect or reason; or (4) the prosecution is dismissed because of variance between the allegations of the indictment, information or complaint and the evidence; and a new i

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Legislative History

1953 Comp., § 40A-1-9, enacted by Laws 1963, ch. 303, § 1-9.

Nearby Sections

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