If an appeal be granted, the district court shall order the defendant to be committed or recognized and the commitment or recognizance shall be to the same effect as when the defendant himself is appellant.
History: Laws 1917, ch. 43, § 51; C.S. 1929, § 105-2528; 1941 Comp., § 42-1504; 1953 Comp., § 41-15-4.
Cross references. — For rules for appeals, see Rules 12-201 to 12-2-203 NMRA.
For supersedeas and stay, see Rule 12-207 NMRA.
For writs of error, see Rule 12-503 NMRA.
Compiler's notes. — "Appeal", as used in this section, apparently refers to an appeal by the state.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 5 Am. Jur. 2d Appellate Review § 358 et seq.
Structure 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.]