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State V. Mckinley

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eBook details

  • Title: State V. Mckinley
  • Author : New Mexico Supreme Court
  • Release Date : January 11, 1949
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 54 KB

Description

The state appeals from the judgment of the District Court of Bernalillo County (Div. No. 2) sustaining defendant's motion to quash the criminal information filed by the district attorney charging him under L.1943, c. 36, 1, with contributing to the delinquency of a female minor under the age of 18 years and dismissing the information. The motion to quash is based on the claim that the constitutional guaranties of due process and equal protection of the laws found in the state and federal constitutions are violated by reason of the uncertainty and indefiniteness of the statute under which the defendant stands charged. Contemporaneously with the filing of the information the state filed a bill of particulars. The information, omitting the caption, reads: "Harry D. Robins, Assistant District Attorney for the Second Judicial District of the State of New Mexico, composed of the Counties of Bernalillo, Sandoval and Valencia in said State, accuses R. L. McKinley of contributing to the delinquency of a minor, and charges that on or about the 28th day of August, 1947, in the County of Bernalillo and State of New Mexico, the said R. L. McKinley did commit certain acts, which acts did cause or tend to cause or encourage the delinquency of       , a person under the age of 18 years."


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