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STATE v. MARCHIONDO

No. 1031.

515 P.2d 146 (1973)

85 N.M. 627

STATE of New Mexico, Plaintiff-Appellant, v. John M. MARCHIONDO and Joe Ferris, Defendants-Appellees.

Court of Appeals of New Mexico.

October 10, 1973.

Attorney(s) appearing for the Case

David L. Norvell, Atty. Gen., Jay F. Rosenthal, Special Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Robert N. Singer, Coors, Singer & Broullire, Albuquerque, for defendants-appellees.

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...

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