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STATE v. BENAVIDEZ

No. 6953.

375 P.2d 333 (1962)

71 N.M. 19

STATE of New Mexico, Plaintiff-Appellee, v. Christian BENAVIDEZ, Defendant-Appellant.

Supreme Court of New Mexico.

October 16, 1962.

Attorney(s) appearing for the Case

David F. Cargo, Albuquerque, for appellant.

Earl E. Hartley, Atty. Gen., Thomas A. Donnelly, Shirley C. Zabel, Asst. Attys. Gen., Santa Fe, for appellee.

FRED J. FEDERICI, District Judge.

This is an appeal from a conviction and sentence based upon an information charging the defendant with the unlawful possession of a narcotic drug, to-wit, marijuana, under Section 54-7-13, N.M.S.A. 1953, the information alleging further that the defendant was not a person or agency authorized by law to so possess narcotic drugs. Said section provides as follows:

"Whoever, not being a manufacturer, wholesaler, physician...

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