State v. Garcia

LUJAN, Justice.

The appellee, Juan Garcia, was indicted by the grand jury of Santa Fe County for the crime of perjury. Appellee interposed a motion to quash the indictment on the ground that the grand jury was composed of more than twelve members. The motion was sustained, and from that judgment the state appeals.

The record discloses that the grand jury which returned the indictment against appellee was composed of thirteen persons.

The State-appellant filed a pro forma brief in chief pursuant to Rule IS, subd. 5, of the Rules of Supreme Court, wherein, among other things, it calls upon the…