Legal Opinion
State v. Ferris
New Mexico Court of Appeals
Decided September 19, 1969No. 348PublishedCited by 31 opinions
1Opinion of the Court
OPINION
WOOD, Judge.
Defendant was charged with issuing four worthless checks. The trial court dismissed the information, holding that certain language in § 40-49-5(B), N.M.S.A. 1953 (Repl.Vol. 6, Supp.1967) violated constitutional requirements of due process because of vagueness. The State appeals. There are three questions: (1) Is certain language in § 40-49-5(B), supra, void for vagueness? (2) Even if certain of the statutory language is void, should the information have been dismissed? (3) Will reinstatement of the information subject defendant to double jeopardy?
Generally speaking, §…
2Cases cited17 opinions
- Lanzetta v. New JerseySupreme Court of the United States · 1939
- United States v. EvansSupreme Court of the United States · 1948
- Bradbury & Stamm Construction Co. v. Bureau of RevenueNew Mexico Supreme Court · 1962
- State v. MinnsNew Mexico Court of Appeals · 1969
- State v. ThompsonNew Mexico Supreme Court · 1953
12 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- State v. JimNew Mexico Court of Appeals · 1988
- State v. OrzenNew Mexico Court of Appeals · 1972
- State v. BarrerasNew Mexico Court of Appeals · 1975
- State v. JamesNew Mexico Supreme Court · 1979
- State v. TijerinaNew Mexico Court of Appeals · 1972
26 more not listed; retrieve them via the Exa API.