Hamilton v. Walker

This is an original proceeding in this Court whereby the Relator seeks prohibition against the Respondent, District Judge of the Third Judicial District. An alternative writ was issued upon Relators showing that unless prohibited the Respondent would proceed to try her on a charge of driving while under the influence of intoxicating liquor as prohibited by 64-22-2, N.M.S.A. 1953, 1957 Supplement, without a jury although trial by jury had been demanded. It is asserted that trial by jury is guaranteed to her by the provisions of Art. II, Section 12, of the New Mexico Constitution.