Legal Opinion

State v. Smallwood

New Mexico Court of Appeals

Decided March 4, 1980No. 4233PublishedCited by 7 opinions

1Opinion of the Court

OPINION

WALTERS, Judge.

The State appeals from the dismissal of robbery charges brought in San Miguel County against both defendants.

The prosecutions were initiated by criminal complaints filed in Magistrate Court. On May 21, 1979, a preliminary hearing on the two complaints was held before the local magistrate judge. The magistrate found, after presentation of evidence, that probable cause existed to believe that the two had committed the crime charged and he orally bound defendants over for trial in the District Court. The magistrate court’s written bind-over order was not filed in the record…

2Cases cited17 opinions

  1. Bell v. WolfishSupreme Court of the United States · 1979
  2. Ingraham v. WrightSupreme Court of the United States · 1977
  3. United States v. LovettSupreme Court of the United States · 1946
  4. State v. BeachumNew Mexico Court of Appeals · 1972
  5. State v. VaughnNew Mexico Supreme Court · 1964

12 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. State v. AquiNew Mexico Supreme Court · 1986
  2. State v. LopezNew Mexico Court of Appeals · 1983
  3. State v. RyderNew Mexico Court of Appeals · 1981
  4. State v. RossNew Mexico Court of Appeals · 1999
  5. State v. TollardoNew Mexico Court of Appeals · 1982

2 more not listed; retrieve them via the Exa API.

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