State v. Mascarenas

OPINION

ARMIJO, Judge.

Appellant was tried and convicted of voluntary manslaughter. In his bid to overturn the conviction he questions the adequacy of the preliminary hearing and claims his right to cross-examine under § 41-3-8, N.M.S.A. 1953 (repl. vol. 6, 1964) was denied because of the examining magistrate’s refusal of his demand to examine, for possible use on cross-examination, the prior written statement given by a state’s witness.

This appeal follows an adverse ruling of the trial court on appellant’s motion in abatement prior to arraignment. State ex rel. Hanagan v. Armijo, 72 N.M. 50,…