Any district judge or justice of the peace [magistrate court] having jurisdiction over any of the crimes enumerated in this article [30-19-1 to 30-19-15 NMSA 1978], or any district attorney inquiring into the alleged violation of any of the provisions of this article, may subpoena persons and compel their attendance as witnesses and may compel such witnesses to testify concerning any violation of this article.
Any person who is so subpoenaed and examined shall be immune to prosecution or conviction for any violation of this article about which he testifies.
A conviction may be had for any violation of this article upon the unsupported testimony of any accomplice or participant.
History: 1953 Comp., § 40A-19-14, enacted by Laws 1963, ch. 303, § 19-14.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The office of justice of the peace has been abolished by 35-1-38 NMSA 1978 and the jurisdiction, powers and duties thereof have been transferred to the magistrate courts.
Subpoena powers limited. — A close study of the statutory language contained in 40-22-11, 1953 Comp., predecessor of this section, leads to the conclusion that the powers vested in district attorneys under the provisions of that section were limited to situations wherein the witnesses were brought before a grand jury, or were subpoenaed to testify as to alleged violations of the gaming laws of the state at the time of trial. 1961 Op. Att'y Gen. No. 61-88.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Witness, asking as to pursuing occupation of gambling for purposes of impeachment, 1 A.L.R. 1402.
Admissibility, in prosecution for gambling or gaming offense, of evidence of other acts of gambling, 64 A.L.R.2d 823.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.