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STATE v. MORENO

No. 6875.

364 P.2d 594 (1961)

69 N.M. 113

STATE of New Mexico, Plaintiff-Appellee, v. Robert MORENO, Defendant-Appellant.

Supreme Court of New Mexico.

Rehearing Denied August 30, 1961.

Attorney(s) appearing for the Case

M.P. Gutierrez, Anthony J. Albert, Santa Fe, for appellant.

Earl E. Hartley, Atty. Gen., Boston E. Witt and Norman S. Thayer, Asst. Attys. Gen., for appellee.

NOBLE, Justice.

The defendant, Robert Moreno, was charged under § 54-5-14 and § 54-7-14 N.M.S.A. 1953 Comp. and tried before a jury on two counts: (1) illegal possession of marijuana, and (2) possession of marijuana with the intent unlawfully to sell and deliver it.

The trial court instructed the jury that it could find the defendant guilty of only one of the counts; they were to consider initially count (2) and only if they found him innocent of...

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