State v. Rue

Upon motion of the district attorney, an appeal to this court was allowed. Appellant contends that the only issue involved is whether the general statute, 36-2-5, N.M.S.A., 1953 Comp., which limits the jurisdiction of justices of the peace to misdemeanors where the punishment prescribed by law is $100 or less, controls over a specific statute, 64-22-2, supra, which grants justices of the peace concurrent jurisdiction with district court to try a first offense in cases of driving while intoxicated, where the fine is not less than $100 nor more than $200.