Legal Opinion
State v. Hill
New Mexico Court of Appeals
Decided July 23, 1975No. 1706PublishedCited by 38 opinions
1Opinion of the Court
OPINION
SUTIN, Judge.
Defendant was convicted of involuntary manslaughter. Section 40A-2-3(B), N.M. S.A. 1953 (2d Repl. Vol. 6). He appeals. We reverse.
A. Presence and participation of private prosecutor in grand jury proceeding is reversible error.
The indictment was returned on January 9, 1974. On the opening day of trial, defendant announced that it had been called to his attention that the person presenting the matter to the grand jury was Don J. Wilson, the special prosecutor. He moved to dismiss the indictment because Mr. Wilson was not permitted by law to be in the grand jury room. The…
2Cases cited29 opinions
- United States v. EdgertonDistrict Court, D. Montana · 1897
- Commonwealth v. BrownmillerSuperior Court of Pennsylvania · 1940
- Coblentz v. StateCourt of Appeals of Maryland · 1933
- Latham v. United StatesCourt of Appeals for the Fifth Circuit · 1915
- United States v. SweigDistrict Court, S.D. New York · 1970
24 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- United States v. GoldDistrict Court, N.D. Illinois · 1979
- Baird v. StateNew Mexico Supreme Court · 1977
- Davis v. TraubNew Mexico Supreme Court · 1977
- State v. McGillNew Mexico Court of Appeals · 1976
- State v. CarrNew Mexico Court of Appeals · 1981
33 more not listed; retrieve them via the Exa API.