State v. Favela
New Mexico Supreme Court
91 N.M. 476, 576 P.2d 282 (1978)
- Written by Meredith Hamilton Alley, JD
Facts
Ernestine Favela (defendant) had sexual relations with a 15-year-old boy, and the state (plaintiff) subsequently charged Favela with contributing to the delinquency of a minor (CDM). The felony of CDM was defined in the New Mexico Criminal Code as committing an act that caused or encouraged a minor’s delinquency. The New Mexico Children’s Code defined a delinquent act as an act committed by a child that would have been a crime if it had been committed by an adult. Favela filed a motion to dismiss the indictment, arguing that she could not be found guilty of contributing to the delinquency of a minor because if the boy were an adult, having sexual relations with Favela would not have been a crime, and therefore the boy could not be found delinquent for having intercourse with Favela. Favela’s motion was denied. Favela filed an interlocutory appeal, and the New Mexico Court of Appeals reversed, holding that Favela’s argument was correct. The New Mexico Supreme Court issued a writ of certiorari.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
What to do next…
Here's why 825,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,400 briefs, keyed to 989 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
