State v. Mosley

OPINION

WOOD, Judge.

Defendant’s motion for post-conviction relief under § 21-1-1(93), N.M.S.A.1953, was denied without a hearing. His appeal raises three issues.

1. Defendant was charged by a criminal information. He claims that under N.M.Const. Art. XX, § 20, he was entitled to be indicted by a grand jury. The claim is without merit. Under N.M.Const. Art. II, § 14, a defendant may be charged either by grand jury action or by a criminal information. Flores v. State, (Ct.App.), 79 N.M. 420, 444 P.2d 605, decided August 9, 1968, and cases therein cited.

2. After being arrested and jailed in New…