State v. Dennis

OPINION

OMAN, Judge.

Defendant appeals from his conviction of arson under § 40A-17-5, N.M.S.A.1953 (Repl. Vol. 6, 1964). This section of our statutes provides:

“Arson. — Arson consists of the intentional damaging by any explosive substance or setting fire to any bridge, aircraft, watercraft, vehicle, pipeline, utility line, communication line or structure, railway structure, private or public building, dwelling or other structure.

“Whoever commits arson is guilty of a third degree felony.”

Defendant attacks the constitutionality of this act on the ground:

"* * * THAT IT DOES NOT REQUIRE THE FINDING…