STATE v. LUJAN

No. 7897.

412 P.2d 405 (1966)

76 N.M. 111

STATE of New Mexico, Plaintiff-Appellee, v. Ernest LUJAN, Defendant-Appellant.

Supreme Court of New Mexico.

March 21, 1966.


Attorney(s) appearing for the Case

William W. Osborn, Roswell, for appellant.

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


CHAVEZ, Justice

On January 8, 1965, appellant was found guilty of two counts of violation of § 54-7-14, N.M.S.A., 1953 Comp., which prohibits the sale, giving, or delivery of a narcotic drug without compliance with the Narcotic Drug Act.

When brought before the trial court for sentencing, appellant's attorney moved to have the information charging appellant with being an habitual criminal dismissed. The motion was denied.

Appellant then admitted...

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