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STATE v. MORLEY

No. 6222.

317 P.2d 317 (1957)

63 N.M. 267

STATE of New Mexico, ex rel. John D. MURPHY, District Attorney, Second Judicial District, Appellee, v. Robert MORLEY, d/b/a San Jose Drive-In Theater, Appellant.

Supreme Court of New Mexico.

October 17, 1957.

Attorney(s) appearing for the Case

Edward P. Chase, Craig Morton, Jr., Albuquerque, for appellant.

Fred M. Standley, Atty. Gen., Howard M. Rosenthal, Asst. Atty. Gen., for appellee.

LUJAN, Chief Justice.

This action was prosecuted under Section 40-34-15, N.M.S.A. 1953 Compilation, providing for the abatement of a nuisance connected with "lewdness", "assignation" or "prostitution". The trial court found that the San Jose Drive-In Theater permitted the showing of indecent, obscene, and immoral pictures through use of the motion picture screen and advertising on the premises, and enjoined the management or "anyone acting in his place and stead"...

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