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STATE v. CONNERS

No. 335.

459 P.2d 461 (1969)

80 N.M. 662

STATE of New Mexico, Plaintiff-Appellant, v. Tom CONNERS, Defendant-Appellee.

Court of Appeals of New Mexico.

September 26, 1969.

Attorney(s) appearing for the Case

James A. Maloney, Atty. Gen., Ray Shollenbarger, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

William M. Siegenthaler, Artesia, for defendant-appellee.

OPINION

WOOD, Judge.

Defendant was charged with issuing two worthless checks totaling in excess of $25.00. The trial court held that the punishment provided by § 40-49-5(B), N.M.S.A. 1953 (Repl.Vol. 6, Supp. 1969) was unconstitutionally vague and quashed the information. The State appeals.

State v. Ferris, (N.M.Ct.App.) 159 P.2d 462, decided September 19, 1969, held that the words, "total amount of the checks," appearing in § 40-49-5, N...

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