147 P. 283 (N.M. 1915), 1721, State v. Chenault

• Docket Nº: 1721.
• Citation: 147 P. 283, 20 N.M. 181, 1915 -NMSC- 024
• Party Name: STATE v. CHENAULT.
• Attorney: Compton & Compton, of Portales, and H. D. Terrell, of Silver City, for appellant. I. L. Grimshaw, Asst. Atty. Gen., for the State.
• Judge Panel: ROBERTS, C.J., and HANNA, J., concur.
• Case Date: March 11, 1915
• Court: Supreme Court of New Mexico

Page 283

147 P. 283 (N.M. 1915)

20 N.M. 181, 1915 -NMSC- 024

STATE

v.

CHENAULT.

No. 1721.

Supreme Court of New Mexico

March 11, 1915

Syllabus by the Court.

Under section 1349, Comp. Laws 1897, which provides that "any person or persons who shall entice away and seduce or carry off any woman, who may be a minor under the care of her parents, relations or guardian, such person who shall so do, or shall have them in their possession for evil purposes, * * * shall be fined," etc., the having in possession of a woman of the age and condition described in the statute for the purposes of "unlawful sexual intercourse" is rendered criminal by the statute.

"Unlawful," as used above, does not necessarily mean contrary to some statute or to the common law, but means "unauthorized by law."

Appeal from District Court, Roosevelt County; McClure, Judge.

William T. Chenault was convicted of feloniously having in his possession for evil purposes a woman and minor, in violation of Comp. Laws 1897, § 1349, and appeals. Affirmed.

Compton & Compton, of Portales, and H. D. Terrell, of Silver City, for appellant.

I. L. Grimshaw, Asst. Atty. Gen., for the State.

MECHEM, District Judge.

The appellant was convicted on the following count:

"That William T. Chenault, late of the county of Roosevelt, in the state of New Mexico, on the 22d day of December, in the year one thousand and nine hundred and thirteen, at the county of Roosevelt, in said state of New Mexico, one ______, then and there being a woman and minor, to wit, of the age of seventeen years, under the care of her parents, ______, and ______, in said county and state aforesaid, unlawfully and feloniously did have in his possession for evil purposes, to wit, for the purpose of unlawful sexual intercourse, contrary," etc.

The statute is as follows:

"Any person or persons who shall entice away and seduce or carry off any woman, who may be a minor under the care of her parents, relations or guardian, such persons who shall so do, or shall have them in their possession for evil purposes, upon complaint of any person,

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shall be fined," etc. Section 1349, Comp. Laws 1897.

Counsel for appellant insist that the words "for evil purposes," as used in this statute, are so vague and indefinite in their meaning that those whose duty it is to execute the criminal laws cannot...