Legal Opinion
State v. Marchiondo
New Mexico Court of Appeals
Decided October 10, 1973No. 1031PublishedCited by 16 opinions
1Opinion of the Court
OPINION
HERNANDEZ, Judge.
Defendants were charged by indictment with violation of § 40A-19-3(F), N.M.S.A. 1953 (2d Repl.Vol. 6). Defendants’ motion to quash the indictment was granted and the State appeals pursuant to Supreme Court rule 5(4) (§ 21-2-1(5) (4), N.M.S.A. 1953 (Repl.Vol. 1970)).
The trial court order quashing the indictment held that § 40A-19-3, supra, was unconstitutional and found, in part:
“1. That Section 40A-19-3(E) [N.M. S.A. 1953 (2d Repl.Vol. 6)] proscribes as a felony the activities defined as a petty misdemeanor in Section 40-19-2(D), and by virtue thereof, there exists…
Also in this document: Concurrence.
2Cases cited7 opinions
- Papachristou v. City of JacksonvilleSupreme Court of the United States · 1972
- Colten v. KentuckySupreme Court of the United States · 1972
- State v. HinesNew Mexico Supreme Court · 1967
- State v. OrzenNew Mexico Court of Appeals · 1972
- Giomi v. ChaseNew Mexico Supreme Court · 1942
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. SegottaNew Mexico Supreme Court · 1983
- State v. GuruleNew Mexico Court of Appeals · 1977
- State v. GuruleNew Mexico Court of Appeals · 1977
- State v. NajeraNew Mexico Court of Appeals · 1976
- State v. CoeNew Mexico Court of Appeals · 1978
11 more not listed; retrieve them via the Exa API.