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STATE v. VILLALPANDO

No. 1333.

521 P.2d 1034 (1974)

STATE of New Mexico, Plaintiff-Appellant, v. Richard Joseph VILLALPANDO, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied April 1, 1974.

Attorney(s) appearing for the Case

David L. Norvell, Atty. Gen., Andrea Buzzard, Asst. Atty. Gen., Santa Fe., for plaintiff-appellant.

W.T. Martin, Jr., Matkins & Martin, Carlsbad, for defendant-appellee.

OPINION

WOOD, Chief Judge.

Defendant was charged with abandonment of dependents. Section 40A-6-2, N.M.S.A. 1953 (2d Repl.Vol. 6). The dependents alleged to have been abandoned were his minor children. The trial court ruled the statute unconstitutional on the basis that it violated the requirements of equal protection and due process of law under the United States Constitution. The State appeals from the order quashing the criminal information. We reverse...

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