STATE v. BARBER

No. 3447.

581 P.2d 27 (1978)

91 N. M. 764

STATE of New Mexico, Plaintiff-Appellee, v. Richard R. BARBER and David L. Harris, Defendants-Appellants.

Court of Appeals of New Mexico.

June 6, 1978.


Attorney(s) appearing for the Case

Scott M. Curtis, Cooney & Curtis, Farmington, for defendants-appellants.

Toney Anaya, Atty. Gen., Robert G. Sloan, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

HENDLEY, Judge.

Convicted of hunting by spotlight or artificial light contrary to § 53-2-37, N.M.S.A. 1953 (Repl. Vol. 8, 1962, pt. 1), defendants appeal asserting: (1) the statute is unconstitutional; and, (2) the state failed to prove criminal intent.

Defendants were observed in a vehicle equipped with additional lights mounted on the roll bar above the cab, driving slowly in a random fashion. On at least two occasions they made a...

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