State Ex Rel. Murphy v. Morley

LUJAN, Chief Justice.

This action was prosecuted under Section 40-34-15, N.M.S.A.1953 Compilation, providing for the abatement of a nuisance connected with “lewdness”, “assignation” or “prostitution”. The trial court found that the San Jose Drive-In Theater permitted the showing of indecent, obscene, and immoral pictures through use of the motion picture screen and advertising on the premises, and enjoined the management or “anyone acting in his place and stead” from maintaining or operating the theater in such a manner as to permit lewdness.

The case is interesting in view of the United States…