(Download) "State v. Hester" by New Mexico Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: State v. Hester
- Author : New Mexico Supreme Court
- Release Date : January 26, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
Appellant appealed from a conviction of driving while under the influence of intoxicating liquor, by a justice of the peace to the district court of Roosevelt County. Arraignment was set for February 24, 1961, and, on the morning of that day, counsel for the appellant, by telephone, requested of the district judge that, the case be continued because the roads were hazardous and that counsel did not have his witnesses available. The request for continuance was granted and arraignment was set for March 3d. On the latter date, an affidavit of disqualification of the district judge was filed under the provisions of 21-5-8, N.M.S.A.1953. The court refused to recognize the affidavit, on the ground that it was not timely filed, following which the appellant was arraigned on March 17th and the case tried on its merits on March 24th, resulting in his conviction of the offense mentioned.
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