STATE v. ROGERS

No. 4366.

612 P.2d 1338 (1980)

94 N.M. 527

STATE of New Mexico, Plaintiff-Appellee, v. Dale ROGERS, Defendant-Appellant.

Court of Appeals of New Mexico.

Writ of Certiorari Denied May 21, 1980.


Attorney(s) appearing for the Case

Barbara Nobel Farber, Santa Fe, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Lawrence A. Barela, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

WALTERS, Judge.

Defendant was convicted of harboring or aiding a felon, in violation of § 30-22-4, N.M.S.A. 1978. He claims on appeal that the indictment should have been dismissed on his pretrial motion, or a verdict of acquittal directed after trial, because his conduct was not of the type intended to be proscribed by the statute and, furthermore, the statute is unconstitutional as vague and overbroad.

The charge against defendant...

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