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eBook details

• Title: State v. Jaramillo
• Author : New Mexico Court of Appeals
• Release Date : January 02, 1972
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 49 KB

Description

Defendants were charged by informations with violating § 40A-14-5, N.M.S.A. 1953 (Repl. Vol. 6, Supp. 1971). The trial court held the statute was unconstitutional and quashed the informations. The State appeals. It is unnecessary to consider each of the constitutional issues urged since we hold that the portion of § 40A-14-5, supra, involved is without sufficiently definite standards to be enforceable and, thus, an unlawful delegation of legislative power which violates N.M. Const. Art. III, § 1. City of Santa Fe v. Gamble-Skogmo, Inc., 73 N.M. 410, 389 P.2d 13 (1964); see Continental Oil Co. v. Oil Conservation Comn, 70 N.M. 310, 373 P.2d 809 (1962).

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