State v. Parrillo

I dissent:

Defendant was found guilty of violating § 30-3-l(C), N.M.S.A.1978. It reads: Assault consists of . .:

C. the use of insulting language toward another impugning his honor, delicacy or reputation.

This provision focuses on written or spoken words and is unconstitutional. The constitutional issue was not raised below, but it may be raised for the first time on appeal. State v. Austin, 80 N.M. 748, 461 P.2d 230 (Ct.App.1969); State v. Barreras, 64 N.M. 300, 328 P.2d 74 (1958); State v. Diamond, 27 N.M. 477, 202 P. 988, 20 A.L.R. 1527 (1921). The reasons are stated in State v. Armstrong,…