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STATE EX REL. PETERS v. McINTOSH

No. 8845.

458 P.2d 222 (1969)

80 N.M. 496

The STATE of New Mexico ex rel. Donald C. Peters, Jr., Petitioner, v. The Honorable C. R. McINTOSH, Judge of the Eighth Judicial District, and the District Court of the Eighth Judicial District in and for the County of Taos, State of New Mexico, Respondents.

Supreme Court of New Mexico.

August 29, 1969.

Attorney(s) appearing for the Case

Chavez & Roberts, Joseph A. Roberts, Santa Fe, for petitioner.

James A. Maloney, Atty. Gen., Justin Reid, Asst. Atty. Gen., Santa Fe, for respondents.

William R. Federici, Santa Fe, Brandenburg & Ramming, Taos, amicus curiae.

OPINION

WATSON, Justice.

On May 22, 1969, a petition for writ of mandamus, together with an affidavit of poverty, was delivered to the chief justice of this court with a copy of an affidavit of financial status, all verified by the petitioner, Donald C. Peters, Jr. The petition recited that Peters was in the Taos County Jail under two criminal complaints and arrest warrants for the violation of § 54-5-18, N.M.S.A. 1953 Comp. (possession of lysergic...

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