Posted at: 08/22/2013 7:31 AM
Updated at: 08/23/2013 4:57 PM
By: The Associated Press
ALBUQUERQUE (AP) - A judge has ruled that an autopsy won't be allowed in the case of a 10-year-old New Mexico boy accused of killing his abusive father.
Judge George Eichwald ruled Wednesday that the autopsy in the death of 42-year-old Byron Hilburn is disallowed in a case scheduled to begin Monday in Valencia County District Court.
Eichwald also issued a ruling that may move the case to a different district court. The case has been scheduled for children's court.
Prosecutors say the 10-year-old put a gun to the head of his 250-pound father and killed him at their Belen home in 2009.
The boy is now 14 and living in Oklahoma. Experts say the boy is just one of a handful of very young children in the nation's history to face first-degree murder.
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