[DOWNLOAD] "State v. Herrod" by New Mexico Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: State v. Herrod
- Author : New Mexico Court of Appeals
- Release Date : January 24, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 47 KB
Description
Defendant was indicted on two counts: unlawful taking of a vehicle without the consent of the owner, § 64-9-4, N.M.S.A. 1953 (2d Repl. Vol. 9, pt. 2); and, unlawful possession of a vehicle knowing the same had been stolen or unlawfully taken, § 64-9-5, N.M.S.A. 1953 (2d Repl. Vol. 9, pt. 2). The first count was dismissed and defendant was convicted on the second. He appeals, claiming three points of error: (1) the indictment is fatally defective because it does not charge defendant with any crime known at common law or defined by New Mexico statute; (2) there is no basis in the testimony for the jury to find criminal intent; (3) that § 64-9-4, supra, is unconstitutionally vague.