(Download) "State v. Moreno" by New Mexico Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: State v. Moreno
- Author : New Mexico Supreme Court
- Release Date : January 30, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
We are met, at the very outset, with an insurmountable obstacle to a retrial under count one of the information. There can be no question but that the court had jurisdiction, nor that issue was joined upon that count. The defendant was put in jeopardy in the original proceeding and cannot be again put in jeopardy in the absence of some compelling reason which requires a declaration of a mistrial. In Ex parte Williams, 58 N.M. 37, 265 P.2d 359, 362, where the district attorney asked and obtained dismissal of an information at the conclusion of the States case, because he thought the information failed to properly charge the offense, and where it was held on appeal that the information was sufficient, it was said:
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