The accusation provided for in this chapter may be presented by the district attorney to the judge in vacation or term time at any time when, under the provisions of law there will be no grand jury in the county where the same is presented, for a period of at least twenty days after the presentment of such accusation.
History: Laws 1909, ch. 36, § 18; Code 1915, § 3971; C.S. 1929, § 96-122; 1941 Comp., § 10-319; 1953 Comp., § 5-3-19.
ANNOTATIONSCompiler's notes. — The 1915 Code compilers replaced "chapter 36 of the Session Laws of 1909," compiled as 10-3-1, 10-4-1 to 10-4-29 NMSA 1978, with "this chapter," referring to Chapter 80 of the 1915 Code, §§ 3950 to 3985, compiled as 10-1-2 to 10-1-4, 10-3-1, 10-4-1 to 10-4-29 and 10-17-5 NMSA 1978.
Cross references. — For grand jury accusation, see 10-4-3 NMSA 1978.
Jurisdiction of district attorney limited. — The jurisdiction of the district attorney to present the accusation provided for is limited by this section. State v. Awalt, 1916-NMSC-020, 21 N.M. 510, 156 P. 407.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 C.J.S. Counties § 106; 62 C.J.S. Municipal Corporations § 514.