State Ex Rel. Delgado v. Stanley

OPINION

STEPHENSON, Justice.

Petitioners in this original prohibition proceeding seek a writ prohibiting the trial judge from proceeding further in an Otero County District Court criminal proceeding in which they are defendants.

Petitioners assert that the case must be dismissed with prejudice pursuant to § 41-11-4.1, N.M.S.A., 1953 and Rule 95 óf the Rules of Civil Procedure [§ 21-1-1(95), N.M.S.A., 1953 (1971 Pocket Supp.)]..

The chronology of the petitioners’ vicissitudes in Otero County is as follows:'

August 19, 1971: Petitioners were arrested for allegedly possessing heroin.

September 17,…