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CITY OF ALBUQUERQUE v. JONES

No. 10033.

535 P.2d 1337 (1975)

87 N.M. 486

CITY OF ALBUQUERQUE, Plaintiff-Appellant, v. Roy T. JONES, Defendant-Appellee.

Supreme Court of New Mexico.

May 14, 1975.

Attorney(s) appearing for the Case

Ronald R. Walker, Albuquerque, for plaintiff-appellant.

Emmett C. Hart, Albuquerque, for defendant-appellee.

OPINION

McMANUS, Chief Justice.

Jones was charged in the Albuquerque Municipal Court with violation of § 71.11 of the Traffic Code of the City of Albuquerque, which requires the operator of a motorcycle to wear an approved safety helmet. The municipal court held that ordinance unconstitutional; the district court affirmed, and the City appeals.

Section 71.11, supra, reads as follows:

"No person...

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