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STATE v. McCORMACK

No. 5732.

682 P.2d 742 (1984)

STATE of New Mexico, Plaintiff-Appellee, v. Kenneth McCORMACK, Defendant-Appellant.

Court of Appeals of New Mexico.

April 12, 1984.

Attorney(s) appearing for the Case

Paul Bardacke, Atty. Gen., Marcia E. White, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

Dan A. McKinnon, III, Paul A. Phillips, Albuquerque, for defendant-appellant.

OPINION

NEAL, Judge.

This appeal raises issues concerning the intent required to sustain a conviction under our criminal trespass statute, NMSA 1978, Section 30-14-1 (Cum.Supp. 1983), and the First Amendment.

The defendant, Kenneth McCormack, is a freelance journalist. On Labor Day 1981, while covering a demonstration at the Waste Isolation Pilot Plant (WIPP) site near Carlsbad, he crossed a police barricade and was arrested and charged with criminal...

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