Legal Opinion
State v. Jaramillo
New Mexico Court of Appeals
Decided June 2, 1972No. 858PublishedCited by 12 opinions
1Opinion of the Court
OPINION
WOOD, Chief Judge.
Defendants were charged by informations with violating § 40A-14 — 5, N.M.S.A. 1953 (Repl.Vol. 6, Supp.1971). The trial court held the statute was unconstitutional and quashed the informations. The State appeals. It is unnecessary to consider each of the constitutional issues urged since we hold that the portion of § 40A-14 — 5, supra, involved is without sufficiently definite standards to be enforceable and, thus, an unlawful delegation of legislative power which violates N.M.Const. Art. Ill, § 1. City of Santa Fe v. Gamble-Skogmo, Inc., 73 N.M. 410, 389 P.2d 13…
2Cases cited10 opinions
- Cantwell v. ConnecticutSupreme Court of the United States · 1940
- Cox v. LouisianaSupreme Court of the United States · 1965
- Cox v. LouisianaSupreme Court of the United States · 1965
- Edwards v. South CarolinaSupreme Court of the United States · 1963
- Adderley v. FloridaSupreme Court of the United States · 1966
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Bokum Resources Corp. v. New Mexico Water Quality Control CommissionNew Mexico Supreme Court · 1979
- State v. GuruleNew Mexico Court of Appeals · 1977
- State v. AguirreNew Mexico Supreme Court · 1972
- State v. GuruleNew Mexico Court of Appeals · 1977
- State Ex Rel. Health & Social Services Department v. Natural FatherNew Mexico Court of Appeals · 1979
7 more not listed; retrieve them via the Exa API.