STATE v. RHODES

No. 7981.

413 P.2d 214 (1966)

76 N.M. 177

STATE of New Mexico, Plaintiff-Appellee, v. Thomas RHODES, Defendant-appellant.

Supreme Court of New Mexico.

April 11, 1966.


Attorney(s) appearing for the Case

Chester A. Hunker, Clovis, for appellant.

Boston E. Witt, Atty. Gen., Gary O. O'Dowd, Myles E. Flint, Asst. Attys. Gen., Santa Fe, for appellee.


CARMODY, Chief Justice.

Appellant has prosecuted this appeal from the judgment and sentence following conviction by a jury of a charge of a sale of a narcotic drug, to-wit, marijuana.

Two questions are presented, one relating to the sentence and the other to a claim of former jeopardy.

In 1962, appellant was charged by an information containing seven counts, all relating to possession or sale of marijuana. At that time, after first pleading not guilty...

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