Legal Opinion

State v. Barber

New Mexico Court of Appeals

Decided June 6, 1978No. 3447PublishedCited by 15 opinions

1Opinion of the Court

OPINION

HENDLEY, Judge.

Convicted of hunting by spotlight or artificial light contrary to § 53-2-37, N.M.S.A. 1953 (Repl. Vol. 8, 1962, pt. 1), defendants appeal asserting: (1) the statute is unconstitutional; and, (2) the state failed to prove criminal intent.

Defendants were observed in a vehicle equipped with additional lights mounted on the roll bar above the cab, driving slowly in a random fashion. On at least two occasions they made a 360 degree circle. They were “running out different roads and then came back and would run back on different roads on different occasions.” The overhead…

2Cases cited9 opinions

  1. Morissette v. United StatesSupreme Court of the United States · 1952
  2. United States v. BalintSupreme Court of the United States · 1922
  3. State v. ShedoudyNew Mexico Supreme Court · 1941
  4. State v. LuceroNew Mexico Court of Appeals · 1975
  5. State v. CraigNew Mexico Supreme Court · 1962

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

3Cited by15 opinions

  1. Santillanes v. StateNew Mexico Supreme Court · 1993
  2. Pharr v. StateMississippi Supreme Court · 1984
  3. State v. RiceAlaska Supreme Court · 1981
  4. State v. YarboroughNew Mexico Supreme Court · 1996
  5. State v. GonzalezNew Mexico Court of Appeals · 2005

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

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