[Download] "State V. Mchorse" by New Mexico Court of Appeals # eBook PDF Kindle ePub Free

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eBook details

• Title: State V. Mchorse
• Author : New Mexico Court of Appeals
• Release Date : January 14, 1973
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

The indictment charges defendant, in three courts, of distributing a controlled substance to a person under eighteen years of age, contrary to § 54-11-21, N.M.S.A. 1953 (Repl. Vol. 8, pt. 2, Supp. 1973). Two of the counts involve marijuana. See § 54-11-21(A), supra. One count involves peyote. See § 54-11-21(B), supra, and § 54-11-6(C), N.M.S.A. 1953 (Repl. vol. 8, pt. 2, supp. 1973). In response to a defense motion, the district attorney filed a statement of facts. Section 41-23-9, N.M.S.A. 1953 (2d Repl. Vol. 6, Supp. 1973). As to each count, the district attorney stated the controlled substance was placed in an envelope which was mailed to a juvenile in Alamogordo. New Mexico and that the offense was committed in Taos, New Mexico. The trial court dismissed the indictment on three grounds: (1) neither the defendant nor a juvenile is a "person" within the meaning of the controlled substances act: (2) sending a controlled substance through the mail is not a "distribution:" and (3) if there was a distribution by use of the mail, State authority to regulate has been "federally preempted." We review each ground and reverse.

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