State v. Vickery

OPINION

WOOD, Chief Judge.

Convicted of unlawful branding, defendant appeals. The unlawful branding was the use of an unrecorded brand in violation of § 40A-18-3(C), N.M.S.A.1953 (2d Repl.Vol. 6). Defendant’s appeal raises issues as to: (1) whether criminal intent is an element of the crime; (2) the constitutionality of § 40A-18-3(C), supra; (3) refused instructions on entrapment; and (4) refusal of a continuance.

Is criminal intent an element of unlawful branding ?

The unlawful branding of which defendant has been convicted is the use of an unrecorded brand. Must defendant have had a criminal…