STATE v. BARBER'S SUPER MARKET, INC.

No. 7420.

390 P.2d 439 (1964)

74 N.M. 58

STATE of New Mexico, Plaintiff-Appellant, v. BARBER'S SUPER MARKET, INC., Defendant-Appellee.

Supreme Court of New Mexico.

March 16, 1964.


Attorney(s) appearing for the Case

Earl E. Hartley, Atty. Gen., Norman S. Thayer, Joel M. Carson, Wayne Wolf, Asst. Attys. Gen., Sante Fe, for appellant.

Nordhaus & Moses, Fred Trechel, Albuquerque, for appellee.


NOBLE, Justice.

This appeal does not substantially differ from that in State v. Shop Rite Foods, Inc., N.M., 390 P.2d 437.

Defendant was charged with limiting the number of pounds of margarine it would sell to a customer at the advertised price, contrary to § 49-1-5, N.M.S.A. 1953. At the conclusion of the trial, the parties agreed that the court should treat a motion to dismiss as one to quash the information. So treating...

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