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STATE v. McCALL

No. 5776.

273 P.2d 642 (1954)

58 N.M. 534

STATE ex rel. COFFIN v. McCALL et al.

Supreme Court of New Mexico.

August 9, 1954.

Attorney(s) appearing for the Case

S. Morton Rutherford, III, Carlsbad, for appellants.

Neal, Nuemann & Neal, Carlsbad, for appellee.

COMPTON, Justice.

This proceeding challenges the jurisdiction of municipalities to enact ordinances relating to the driving of motor vehicles by persons under the influence of intoxicating liquor or narcotic drugs.

Appellee was charged with having operated a motor vehicle in the City of Carlsbad while under the influence of intoxicating liquor in violation of Section 2-101 of the City Code, which provides:

"It shall be unlawful for any person who...

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