State v. Garcia

I am unable to agree with the majority opinion and would reverse the judgment and sentence and discharge appellant.

Since no definition has been given the word “committed” as used in § 40A-22-8, N.M.S.A.1953, the intent of the legislature should be ascertained.

Appellant was arrested on a warrant issued by a justice of the peace on a complaint signed by his wife and a peace officer charging the offense of assault, a petty misdemeanor. The warrant commanded the officer to forthwith bring appellant before the judge to answer the complaint. Appellant was not taken before the judge but instead was…