Legal Opinion

State v. Austin

New Mexico Court of Appeals

Decided September 19, 1969No. 359PublishedCited by 50 opinions

1Opinion of the Court

OPINION

HENDLEY, Judge.

Defendant appeals his conviction of the unlawful taking of a vehicle, § 64-9-4(a), N.M.S.A. (Repl.Vol. pt. 2). That statute provides:

“UNLAWFUL TAKING OF A VEHICLE. — (a) Any person who shall take any vehicle intentionally and without consent of the owner thereof shall be guilty of a felony. The consent of the owner of the vehicle to its taking shall not in case be presumed or implied because of such owner’s consent on a previous occasion to the taking of such vehicle by the same or a different person.”

Defendant attacks the constitutionality of the statute on the ground…

2Cases cited16 opinions

  1. Morissette v. United StatesSupreme Court of the United States · 1952
  2. State v. HefflinSupreme Court of Missouri · 1936
  3. State v. DiamondNew Mexico Supreme Court · 1921
  4. Barnett v. Cal M, Inc.New Mexico Supreme Court · 1968
  5. State v. ShedoudyNew Mexico Supreme Court · 1941

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

3Cited by50 opinions

  1. Quinn v. YoungCourt of Appeals for the Tenth Circuit · 2015
  2. State v. McGruderNew Mexico Supreme Court · 1997
  3. State v. MossNew Mexico Court of Appeals · 1971
  4. State v. PugaNew Mexico Court of Appeals · 1973
  5. State v. GonzalezNew Mexico Court of Appeals · 2005

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

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