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eBook details

• Title: State v. Sweat
• Author : New Mexico Court of Appeals
• Release Date : January 20, 1967
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 48 KB

Description

The appellant would have us reverse the district court for want of jurisdiction in that forum. It is urged that since § 64-22-2(C), N.M.S.A. 1953, vests concurrent jurisdiction in justice of the peace courts and district courts in a case of first offense, that jurisdiction having first attached in the inferior court it could not be divested by the district attorney and transferred to the district court. The appellant relies upon State ex rel. Parsons Mining Company v. McClure, 17 N.M. 694, 133 P. 1063; Malcomb v. Smith, 54 N.M. 203, 218 P.2d 1031; State ex rel. Hockenhull v. Marshall, 58 N.M. 286, 270 P.2d 702; Ortiz v. Gonzales, 64 N.M. 445, 329 P.2d 1027, and Historical Society of New Mexico v. Montoya, 74 N.M. 285, 393 P.2d 21. The cases cited clearly hold that as between courts of concurrent jurisdiction, the court first acquiring jurisdiction of a subject matter retains it to the end, subject to certain exceptions. The precise question here is whether or not the entry by the Justice of the Peace on his docket discloses an abandonment, or termination, of the proceedings in that court. The entry on the abstract of the court record was as follows: "By order of D.A. direct to district court. 3-16-66." The district court adopted the theory of the State to the effect that the action having been discontinued, or ended, in the justice of the peace court that the district court could then properly act. We agree. This conclusion is representative of one of the exceptions noted in Ortiz v. Gonzales, supra.

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