[Download] "State V. Barela" by New Mexico Court of Appeals * eBook PDF Kindle ePub Free

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eBook details

• Title: State V. Barela
• Author : New Mexico Court of Appeals
• Release Date : January 06, 1979
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

The State sought the forfeiture of a pickup truck under § 30-31-34, N.M.S.A. 1978. Although quasi-criminal, and gauged by standards applicable to a criminal proceeding, this was a civil proceeding. State v. Ozarek, 91 N.M. 275, 573 P.2d 209 (1978); In re One 1967 Peterbilt Tractor, Etc., 84 N.M. 652, 506 P.2d 1199 (1973). On the basis of the affidavit submitted by the State in support of the petition for forfeiture, the trial court granted summary judgment in favor of Barela, the person to whom the pickup was registered. The State appeals. The issue is the meaning of the statutory forfeiture provision; specifically, whether it applies to the facts in this case.

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