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Legal PointUnder StudyJudge John B. McManus de^ cided lo study a dispuLed legal point in the case of David Tapia, 24, who is charged with second degree murder, promising a decision Monday.The legal wrangle involves whether a case may he tried during the District Court term in which the alleged crime was committed. Mr, Tupia has been charged with murder in Lhc Oct. 7 shooting of Tony Prado Chapa in the Elbow Room Bar, 210 Second SW.Jan. 10 has been set as the trial dale, which would make it part of this teini's docket.HowtvLw, Tapia’s attorneyCharles Driscoll challenged the court’s right to set the dale for this court term. His argument was based on a defendant’s right not to be tried during the same court term. He said that .statutes defining criminal procedures were outmoded and unclear on this point, Any change should bo a mutter of legislation, Mr. Driscoll said.Asst. Disl. Alty. Jack Love denied Driscoll's charge that : the slate was trying to make i this a lest case, saying there ■ was a real dispute” in be : settled in this particular case, i The two issues which inns I be settled, he said, were i whether Tapia, as a '‘matter lt;of right,” may be tried dur-1 ing the current court term, ‘ and whether Uie dale should s be Jan. JO. 1The only ruin governing the lt;court, he said, is that the de-] lendanI must be given ample lime to prepare a defense, i
Newspaper Details
Albuquerque Tribune
Albuquerque, New Mexico, US
Fri, Dec 31, 1965
Page 14
Full Page
Clipped by
Greg P.
AU 21 Jun 2023
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