Legal Opinion
State v. McCrary
New Mexico Court of Appeals
Decided January 7, 1982No. 5347PublishedCited by 9 opinions
1Opinion of the Court
OPINION
WOOD, Judge.
Is a prosecutor (in this case, an assistant district attorney), authorized to charge first degree murder in an information based on a magistrate’s bind-over order for trial on second degree murder? No. We discuss (1) the applicability of State v. Melendrez, 49 N.M. 181, 159 P.2d 768 (1945); and (2) authority to charge.
The criminal complaint against each defendant charged murder in violation of § 30-2-1, N.M.S.A.1978. After a preliminary examination was held, the magistrate bound over each defendant for trial in the district court on the charge of “2nd Degree Murder or…
2Cases cited11 opinions
- Jones v. Superior CourtCalifornia Supreme Court · 1971
- State v. McGreeveyIdaho Supreme Court · 1909
- State Ex Rel. Attorney General v. ReeseNew Mexico Supreme Court · 1967
- Hobbins v. StateWisconsin Supreme Court · 1934
- Candelaria v. RobinsonNew Mexico Court of Appeals · 1980
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. McCraryNew Mexico Supreme Court · 1984
- State v. CoatesNew Mexico Supreme Court · 1985
- State v. RodriguezNew Mexico Court of Appeals · 2009
- State v. PerezNew Mexico Court of Appeals · 2013
- State v. PerezNew Mexico Court of Appeals · 2014
4 more not listed; retrieve them via the Exa API.