State v. Montoya

I am unable to concur in the majority opinion, and particularly am I unable to agree with the disposition made of defendant’s contention that the trial court erred in failing to order a change of venue.

The applicable portions of our statutes relative to a change of venue provide:

“§ 21-5-3, [N.M.S.A.1953 (Supp.1967).] Change of venue in civil and criminal cases. — A. The venue in all civil and criminal cases shall be changed, upon motion, to some county free from exception:

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“(2) when the party moving for a change files in the case an affidavit of himself, his agent or attorney, that he…