# State v. McKinley

> New Mexico Supreme Court · February 11, 1949 · 53 N.M. 106

URL: https://www.frixlaw.com/law-library/cases/3571253

## Case

- **Full name:** State v. McKinley.
- **Court:** New Mexico Supreme Court
- **Decided:** February 11, 1949
- **Citations:** 53 N.M. 106; 202 P.2d 964
- **Precedential status:** Published
- **Opinion:** Dissent by McGHEE
- **Judges:** Sadler, McGhee, Brice, Lujan, Compton
- **Cited by:** 49 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3571253

## How later opinions describe it (automated extraction)

- holding that the purpose of a 7 predecessor CDM statute was “to protect the youth of our state from those evil and 8 designing persons who would lead them astray, and [the appellate courts] are not 9 disposed to in any way impair its usefulness by giving any narrow or strained…
- holding that the purpose of a predecessor CDM statute was “to protect the youth of our state from those evil and designing persons who would lead them astray, and [the appellate courts] are not disposed to in any way impair its usefulness by giving any narrow or strained const…
- noting that CDM statute had been amended by 1943 N.M. Laws, ch. 36, § 1, deleting language that tied CDM to definition of juvenile delinquency
- holding encouragement of acts within the definition of juvenile delinquency “at the least” constitutes CDM

## Opinion text

McGHEE, Justice
(dissenting in part).
I agree with the holding that only the district court has jurisdiction to try felony cases, but I am of the opinion that the statute is unconstitutional under the authority of State v. Diamond, 27 N.M. 477 , 202 P. 988 , 20 A.L.R. 1527 ; State v. Armstrong, 31 N.M. 220, 254 , 243 P. 333 ; State v. Prince, 52 N.M. 15 , 189 P.2d 993 ; State v. Truby, 211 La. 178 , 29 So.2d 758 , and State v. Vallery, 212 La. 1095 , 34 So.2d 329 , and therefore dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3571253. Public record. Not legal advice.