In any criminal case, if the supreme court or court of appeals affirms the judgment of the district court upon review brought by the state, it shall direct that the defendant be discharged; and if the judgment is reversed, it shall direct the district court to enter judgment on the verdict rendered, or, when no judgment has been rendered, to proceed to trial on the indictment or information.
History: Laws 1917, ch. 43, § 56; 1927, ch. 93, § 9; C.S. 1929, § 105-2530; 1941 Comp., § 42-1506; 1953 Comp., § 41-15-6; Laws 1966, ch. 28, § 61.
Cross references. — For similar appellate rule, see Rule 12-402 NMRA.
Severability. — Laws 1966, ch. 28, § 66, provides for the severability of the act if any part or application thereof is held invalid.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 5 Am. Jur. 2d Appellate Review § 591 et seq.
Structure 2021 New Mexico Statutes
Chapter 31 - Criminal Procedure
Article 11 - Appeals and Post-Conviction Remedies
Section 31-11-1 - Stay of execution; release.
Section 31-11-2 - [Appeal granted; defendant to be committed or recognized.]
Section 31-11-3 - Directions following review brought by defendant.
Section 31-11-4 - Directions following review brought by state.
Section 31-11-5 - [New trial granted; procedure in district court.]