New Mexico Supreme Court November 30, 1979, 12430 (State v. James)

OPINION

PAYNE, Justice.

Defendant was charged in district court with homicide by vehicle. He moved to dismiss the charge, contending that prior proceedings in the municipal court on lesser included offenses barred a subsequent prosecution for the greater offense. The distriet court denied the motion, and defendant brought an interlocutory appeal to the Court of Appeals.