State v. Favela

OPINION

The defendant, a female adult, was indicted by the Grand Jury and charged with contributing to the delinquency of a minor, contrary to § 40A-6-3, N.M.S.A. 1953 (Repl. 1972) by reason of sexual intercourse with a juvenile, a fifteen year old boy, who had allegedly consented to the act.

The trial court denied defendant’s motion to dismiss the indictment and defendant took an interlocutory appeal to the Court of Appeals. The Court of Appeals in a 2 to 1 decision reversed the trial court.- This Court, on its own motion issued a writ of certiorari under authority of N.M. Const. art. 6, § 3.…