That the municipality shall have free process in the district court in all cases of appeals for violations of municipal ordinances, and in no case shall any costs be assessed against the municipality in such cases.
History: Laws 1919, ch. 112, § 5; C.S. 1929, § 79-526; 1941 Comp., § 39-212; 1953 Comp., § 38-1-12.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For trial de novo on appeal, see 39-3-1 NMSA 1978.
Effect of trial de novo. — A trial de novo is a trial "anew," as if no trial whatever had been had in the municipal court. City of Farmington v. Sandoval, 1977-NMCA-022, 90 N.M. 246, 561 P.2d 945.
Constitutionality where greater sentence. — The greater sentence imposed by the district court for violation of certain municipal ordinances after a trial de novo did not deprive defendant of due process, nor did it amount to double jeopardy. City of Farmington v. Sandoval, 1977-NMCA-022, 90 N.M. 246, 561 P.2d 945.
Correctness of municipal proceedings not reviewed. — In a de novo trial the district court does not review the correctness of the proceedings in the municipal court. City of Farmington v. Sandoval, 1977-NMCA-022, 90 N.M. 246, 561 P.2d 945.
Hazard of greater sentence not unfair. — The hazard of a greater sentence upon trial de novo for violation of municipal ordinance is not fundamentally unfair. City of Farmington v. Sandoval, 1977-NMCA-022, 90 N.M. 246, 561 P.2d 945.
Defendant not entitled to jury. — In prosecutions under municipal ordinances, defendant is not, on appeal to district court, entitled to jury trial. The constitution does not grant jury trial but preserves such right already existing by statute. City of Clovis v. Dendy, 1931-NMSC-007, 35 N.M. 347, 297 P. 141.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 420.
62 C.J.S. Municipal Corporations § 379.
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.