A. Any person aggrieved by the judgment of the district court in any proceeding for civil contempt, and any person convicted of criminal contempt except criminal contempt committed in the presence of the court, may appeal within thirty days from the judgment of conviction to the supreme court or the court of appeals, as appellate jurisdiction may be vested by law in these courts. Any person convicted of criminal contempt of the court of appeals, except criminal contempt committed in the presence of the court of appeals, may appeal to the supreme court within thirty days from the judgment of conviction. In any case of criminal contempt, the taking of an appeal operates to stay execution of the judgment without bond.

B. In habeas corpus proceedings, where the petitioner is held upon an order, warrant or commitment of any court, and is ordered discharged and released from custody by any district court, the officer having custody of the petitioner, or the district attorney of the district wherein the proceedings are instituted, on behalf of the state, may appeal within thirty days from the order of discharge to the supreme court or the court of appeals, as appellate jurisdiction may be vested by law in these courts. The appeal shall not operate as a stay of execution. If the order of the district court is reversed, the officer from whose custody the petitioner was ordered released, his successor or any other peace officer of the state shall rearrest the petitioner and hold him for trial or commit him to jail or imprisonment as directed by the original order, warrant or commitment.

History: Laws 1917, ch. 43, § 2; C.S. 1929, § 105-2502; 1953 Comp., § 21-10-12; Laws 1966, ch. 28, § 43.

Cross references. — For appellate jurisdiction of supreme court, see N.M. Const., art. VI, § 2.

For jurisdiction of court of appeals, see N.M. Const., art. VI, § 29.

For habeas corpus generally, see 44-1-1 NMSA 1978 et seq.

Compiler's notes. — Laws 1966, ch. 28, § 43, recompiled this section. It had been omitted by the compilers of the 1941 Compilation as superseded by the Supreme Court Rules.

Right of appeal in civil contempt proceedings. — The right of appeal in civil contempt proceedings is extended to persons who have unsuccessfully sought enforcement of an order through a contempt proceeding. Kucel v. N.M. Med. Review Comm'n, 2000-NMCA-026, 128 N.M. 691, 997 P.2d 823, cert. denied, 128 N.M. 688, 997 P.2d 820.

No appeal for criminal contempt. — No appeal lies from a judgment for what is classed as a criminal contempt. Costilla Land & Inv. Co. v. Allen, 1910-NMSC-044, 15 N.M. 528, 110 P. 847 (decided under former law).

The right of appeal is limited to final judgments rendered upon an indictment, and there is no right of appeal from commitment to jail for criminal contempt. State v. Chacon, 1914-NMSC-079, 19 N.M. 456, 145 P. 125.

Law reviews. — For article, "Habeas Corpus in New Mexico," see 11 N.M.L. Rev. 291 (1981).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 4 Am. Jur. 2d Appellate Review § 216 et seq.