STATE v. JARAMILLO

No. 858.

498 P.2d 687 (1972)

83 N.M. 800

STATE of New Mexico, Plaintiff-Appellant, v. Luis JARAMILLO et al., Defendants-Appellees.

Court of Appeals of New Mexico.

June 2, 1972.


Attorney(s) appearing for the Case

David L. Norvell, Atty. Gen., Thomas Patrick Whelan, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

L. Michael Messina, Albuquerque, for defendants-appellees.


OPINION

WOOD, Chief Judge.

Defendants were charged by informations with violating § 40A-14-5, N.M.S.A. 1953 (Repl.Vol. 6, Supp. 1971). The trial court held the statute was unconstitutional and quashed the informations. The State appeals. It is unnecessary to consider each of the constitutional issues urged since we hold that the portion of § 40A-14-5, supra, involved is without sufficiently definite standards to be enforceable and, thus, an unlawful...

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