A person killing or causing to be killed any livestock for his own use or for the use of others or for the purpose in whole or in part of sale or exchange is required to keep in his own possession, unchanged and unmutilated and in condition to be easily inspected and examined, all hides or pelts and ears of cattle, sheep and goats, for the period of thirty days after the killing or until inspected by an inspector and shall at any time while the hides or pelts and ears remain in his possession permit them to be inspected and examined by a sheriff, deputy sheriff, inspector or other officer authorized by law to inspect any hides and pelts or livestock, whether dead or alive. A person who violates the provisions of this section is guilty of a fourth degree felony and upon conviction shall be sentenced in accordance with the provisions of Section 31-18-15 NMSA 1978.
History: Laws 1891, ch. 45, § 1; C.L. 1897, § 89; Code 1915, § 549; C.S. 1929, § 19-106; 1941 Comp., § 49-2209; 1953 Comp., § 47-20-9; Laws 1999, ch. 282, § 101.
ANNOTATIONSCross references. — For inspection of slaughterhouses, see 77-9-33 NMSA 1978.
For keeping records, hides and horns, see 77-17-9 NMSA 1978.
For refusal to permit inspection of records, hides and ears, see 77-17-10 NMSA 1978.
The 1999 amendment, effective July 1, 1999, added the section heading; in the first sentence, substituted "or until inspected by an inspector" for "and of sheep, ten days after the killing", and deleted "or constable, or by any board or" following "deputy sheriff"; substituted the last sentence for "Provided, however, that the provisions of this section shall also apply to the killing by persons engaged in any public roundup of animals for the use in connection with the making of such roundup"; and made stylistic changes.
This section does not violate constitutional immunities from self-incrimination and unreasonable searches and seizures. State v. Walker, 1929-NMSC-050, 34 N.M. 405, 281 P. 481; State v. Knight, 1929-NMSC-049, 34 N.M. 217, 279 P. 947.
This section does not deprive one of property without due process. State v. Walker, 1929-NMSC-050, 34 N.M. 405, 281 P. 481.
This section is a reasonable police regulation. State v. Walker, 1929-NMSC-050, 34 N.M. 405, 281 P. 481.
Purpose of statute. — This section was enacted in aid of the suppression of larceny of animals. State v. Walker, 1929-NMSC-050, 34 N.M. 405, 281 P. 481.
This section, in its purpose and effect, is somewhat analogous to statutes requiring persons engaged in certain occupations to keep and produce records of certain transactions. State v. Walker, 1929-NMSC-050, 34 N.M. 405, 281 P. 481.
Not element of grand larceny. — The violation of this section is not a necessary element of the offense of grand larceny of the cattle. A larceny of cattle completed on one day by driving the same away or killing them is a distinct offense from that described in this section, and an acquittal of the former is no bar to a prosecution for the latter. State v. Knight, 1929-NMSC-049, 34 N.M. 217, 279 P. 947.
Separate charge necessary. — No conviction can be had of the crime described in this section under an information charging only grand larceny. State v. Knight, 1929-NMSC-049, 34 N.M. 217, 279 P. 947.
Hides preserved under this section are public records. State v. Walker, 1929-NMSC-050, 34 N.M. 405, 281 P. 481.