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STATE v. VICKERY

No. 1076.

512 P.2d 962 (1973)

85 N.M. 389

STATE of New Mexico, Plaintiff-Appellee, v. Alfred Ike VICKERY, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari denied July 18, 1973.

Attorney(s) appearing for the Case

Frank P. Dickson, Larry W. Burch, Branch, Dickson & Dubois, P.A., Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., James H. Russell, Jr., Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

Convicted of unlawful branding, defendant appeals. The unlawful branding was the use of an unrecorded brand in violation of § 40A-18-3(C), N.M.S.A. 1953 (2d Repl.Vol. 6). Defendant's appeal raises issues as to: (1) whether criminal intent is an element of the crime; (2) the constitutionality of § 40A-18-3(C), supra; (3) refused instructions on entrapment; and (4) refusal of a continuance.

Is criminal intent...

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