Clarence “Frank” Turley v. State of New Mexico
New Mexico Supreme Court
633 P.2d 687 (1981)
- Written by Kelli Lanski, JD
Facts
Frank Turley (defendant) was hired by a landowner to use mechanical digging equipment to excavate an archaeological site on the landowner’s property. They signed an agreement stipulating that Turley was to perform excavation duties on behalf of the landowner and that the landowner retained sole ownership over any artifacts recovered. Turley began work, and New Mexico authorities charged him with the criminal offense of excavating an archaeological site on another person’s private property without a permit. New Mexico law required a permit for any excavations, but the law included an exception to the permit requirement for landowners conducting personal excavation of their own land. Holding that Turley’s conduct fell within that exception because he was hired by the landowner to excavate the landowner’s property and was acting as the landowner’s agent, the trial court dismissed the criminal information. On appeal, New Mexico argued that the exception applied only to excavations personally performed by landowners. The appellate court agreed and reversed the trial court’s ruling. Turley appealed.
Rule of Law
Issue
Holding and Reasoning (Easley, C.J.)
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