Tijerina v. Baker

MOISE, Justice, and SPIESS, Chief Judge, Court of Appeals

(concurring in part and dissenting in part).

Being of the opinion that the majority has undertaken to review the actions of the district court acting as a committing magistrate as on an appeal, and has thereby-fallen into error, we express our dissent from the refusal of the court to make the writ of habeas corpus permanent as to petitioners Juan Valdez, Tobias Leyba, Reies Lopez Tijerina and Baltazar Apodaca, and to admit them to bail.

Sections 22-11-23 and 22-11-24, N.M.S. A. 1953, are referred to by the majority, but not quoted. The…