Legal Opinion

State v. Martinez

New Mexico Supreme Court

Decided May 17, 1944No. 4818PublishedCited by 8 opinions

1Opinion of the Court

BRICE, Justice.

The question is whether Sec. 61-1008 (d), 1941 Comp., is constitutional. That subsection is as follows:

“It shall be a violation of this act for any citizen and resident of the state of New Mexico to bring into this state, for the purpose of private use or consumption more than one (1) pint of alcoholic liquor within any thirty (30) day period.”

Appellees were charged by information with having violated the above statute. They moved to quash the information upon the following grounds:

“Said sub-section is void for the reason that it violates the 14th Amendment to the Constitution…

2Cases cited7 opinions

  1. DeGanay v. LedererSupreme Court of the United States · 1919
  2. Davy v. McNeillNew Mexico Supreme Court · 1925
  3. Mora Y Ledon v. . HavemeyerNew York Court of Appeals · 1890
  4. Arnold v. United StatesCourt of Appeals for the Eighth Circuit · 1940
  5. Farmers Dev. Co. v. Rayado L. & I. Co.New Mexico Supreme Court · 1923

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Michael J. Maloof & Co. v. Bureau of RevenueNew Mexico Supreme Court · 1969
  2. Valley Country Club, Inc. v. MenderNew Mexico Supreme Court · 1958
  3. Edmunds v. Bureau of RevenueNew Mexico Supreme Court · 1958
  4. State v. PachecoNew Mexico Court of Appeals · 1969
  5. Nunn v. NunnNew Mexico Supreme Court · 1970

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API