Burch v. Foy

LUJAN, Chief Justice.

This is a suit by plaintiff-appellee against the district attorney of the Sixth Judicial District to enjoin him from enforcing the criminal provisions of Chapter 200, Laws of 1955, against him, and to declare said act unconstitutional. The court made and entered its order declaring the above law unconstitutional and permanently enjoined the defendant from enforcing or attempting to enforce the same, and the state appeals!

The plaintiff, among other things, alleges:

“2. That he is the owner and operator of a variety store of the type sometimes called a 'five and ten cent…