(Download) "State v. Sexton" by New Mexico Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: State v. Sexton
- Author : New Mexico Court of Appeals
- Release Date : January 12, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 47 KB
Description
Our statutes concerning preliminary examinations do not provide for a plea in justice court when the justice of the peace is sitting as an examining magistrate. State v. Elledge, 78 N.M. 157, 429 P.2d 355 (1967). Although no plea is provided for, if the accused voluntarily pleads guilty before the magistrate, this voluntary action constitutes a waiver of the right to a preliminary examination. State v. Alaniz, 55 N.M. 312, 232 P.2d 982 (1951). Defendant pled guilty. He does not claim the plea was not competently made. Compare State v. Vega, 78 N.M. 525, 433 P.2d 504 (1967). Thus, he waived his right to a preliminary examination.