STATE v. GIDDINGS

No. 6637.

352 P.2d 1003 (1960)

67 N.M. 87

STATE of New Mexico, Plaintiff-Appellee, v. Alex GIDDINGS, Defendant-Appellant.

Supreme Court of New Mexico.

June 7, 1960.


Attorney(s) appearing for the Case

John Quinn, Hobbs, for appellant.

Hilton A. Dickson, Jr., Atty. Gen., Philip R. Ashby, Asst. Atty. Gen., B.J. Baggett, Asst. Atty. Gen., for appellee.


CHAVEZ, Justice.

Appellant, who will hereinafter be referred to as defendant, was convicted of unlawful possession of cannabis indica (marijuana), in violation of Sec. 54-7-13, N.M.S.A., 1953, and appeals.

Defendant raises three points upon which he relies for reversal, as follows: (1) That the court, in a possession of narcotics case, should instruct the jury that an essential element of proof on the part of the state is actual knowledge of the presence of...

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