Attorney General Opinions and Advisory Letters

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Decision Content

Opinion No. 35-946

March 18, 1935

BY: FRANK H. PATTON, Attorney General

TO: Mr. Thomas M. Baca, Box 47, Socorro, New Mexico.

{*54} This is in reply to your letter of March 16, 1935. A Justice of the Peace may appoint a private individual to act as constable in certain cases. See Section 79-306, 1929 Compilation. Service of persons in civil cases may also be made by persons over the age of eighteen years. See Section 105-306, 1929 Compilation.

I call your attention to the fact that the jurisdiction of Justices of the Peace is confined to their own county and a constable cannot in my opinion serve criminal process outside of his county.

By QUINCY D. ADAMS,

Asst. Atty. General

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.