[DOWNLOAD] "State v. Hrabak" by New Mexico Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: State v. Hrabak
- Author : New Mexico Court of Appeals
- Release Date : January 30, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Defendants were found guilty in separate trials in magistrate court of selling or giving liquor to a minor contrary to NMSA 1978, § 60-7B-1.1(A)(1) (Repl. Pamp.1981). Defendants filed a notice of appeal to the district court. NMSA 1978, Magis. Crim.R. 41(a) (Supp.1982). Subsequently, the State filed a motion to dismiss for violation of the six-month rule. The appeal was not heard within six months of the filing of the notice of appeal. In denying the motion, the court stated that it was at fault since defendants had made a timely request but the court had failed to set a date for a hearing on the appeal. The court then asked the State if it would put on any evidence. Protesting that the court was without jurisdiction to hear any evidence, the State informed the court that it would present no evidence. Upon being so informed, the court dismissed the States complaint with prejudice. The State appeals.
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