State v. Chenault
New Mexico Supreme Court
Appeal from District Court, Boosevelt County; McClure, Judge. William T. Clienault was convicted of feloniously having in his possession for evil purposes a woman and minor, in violation of Comp. Laws 1897, § 1349, and appeals. A penal statute, to be valid, must define the offense with certainty. It must be sufficiently definite to show what the Legislature intended to punish.
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Appeal from District Court, Boosevelt County; McClure, Judge. William T. Clienault was convicted of feloniously having in his possession for evil purposes a woman and minor, in violation of Comp. Laws 1897, § 1349, and appeals. A penal statute, to be valid, must define the offense with certainty. It must be sufficiently definite to show what the Legislature intended to punish. Clark & Marshall Law of Crimes, sec. 45, p. 59; State v. Partlow, 91 N." C. 550; Forster v. Territory, 1 Wash. 411, 25 Pac. 459; State v. Mann, 2 Oreg. 238. An enactment will be pronounced invalid when it is so…
1Opinion of the Court
OPINION OP THE COURT.
MECTIEM, District Judge.
— The appellant was convicted on the following count:
“That William T. Ghenault, late of the county of Roosevelt, in the state of New Mexico, on the 22d da}'' of December, in the 3Tear one thous- and and nine hundred and thirteen, at the county of Roosevelt, in said state of New Mlexico, one -, then and there being a woman and minor, to-wit., of the age of seventeen years, under the care of her parents,--, and-, in said county and state aforesaid, unlawfully and feloniously did have in his possession for evil purposes, to-wit, for the purpose of…
2Cases cited2 opinions
- MacDaniel v. United StatesCourt of Appeals for the Fourth Circuit · 1898
- State ex rel. Van Nice v. WhealeySouth Dakota Supreme Court · 1894
3Cited by15 opinions
- State v. PierceNew Mexico Supreme Court · 1990
- State v. NobleNew Mexico Supreme Court · 1977
- State v. McKinleyNew Mexico Supreme Court · 1949
- State v. MinnsNew Mexico Court of Appeals · 1969
- Bull v. Logetronics, Inc.District Court, E.D. Virginia · 1971
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