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STATE v. FERRIS

No. 348.

459 P.2d 462 (1969)

80 N.M. 663

STATE of New Mexico, Plaintiff-Appellant, v. John William FERRIS, Defendant-Appellee.

Court of Appeals of New Mexico.

September 19, 1969.

Attorney(s) appearing for the Case

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

Fred Tharp, Jr., Clovis, for appellee.

OPINION

WOOD, Judge.

Defendant was charged with issuing four worthless checks. The trial court dismissed the information, holding that certain language in § 40-49-5(B), N.M.S.A. 1953 (Repl.Vol. 6, Supp. 1967) violated constitutional requirements of due process because of vagueness. The State appeals. There are three questions: (1) Is certain language in § 40-49-5(B), supra, void for vagueness? (2) Even if certain of the statutory language is void...

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