Legal Opinion
State v. Vogenthaler
New Mexico Court of Appeals
Decided March 9, 1976No. 2258PublishedCited by 84 opinions
1Opinion of the Court
OPINION
WOOD, Chief Judge.
Defendant was convicted of desecrating a church in violation of § 40A-15-3, N.M. S.A. 1953 (2d Repl. Vol. 6). His appeal claims: (1) the statute is unconstitutional, and (2) the damage was less than $1,000, therefore, his offense was a misdemeanor rather than a felony.
C onstitutionality
Section 40A-15-3, supra, states:
“Desecration of a church consists of willfully, maliciously and intentionally defacing a church or any portion thereof.
“Whoever commits desecration of a church is guilty of a misdemeanor, except when the damage to the church amounts to more than one…
2Cases cited26 opinions
- Cantwell v. ConnecticutSupreme Court of the United States · 1940
- Walz v. Tax Comm'n of City of New YorkSupreme Court of the United States · 1970
- Tilton v. RichardsonSupreme Court of the United States · 1971
- Alma F. Anderson v. Salt Lake City Corporation and Salt Lake CountyCourt of Appeals for the Tenth Circuit · 1973
- State v. ClarkNew Mexico Supreme Court · 1969
21 more not listed; retrieve them via the Exa API.
3Cited by84 opinions
- Eddie Maes v. John Thomas, Warden and Attorney General of the State of New MexicoCourt of Appeals for the Tenth Circuit · 1995
- State v. FishNew Mexico Court of Appeals · 1985
- State v. HogervorstNew Mexico Court of Appeals · 1977
- State v. OrtizNew Mexico Court of Appeals · 1977
- State v. ScottNew Mexico Court of Appeals · 1977
79 more not listed; retrieve them via the Exa API.