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STATE v. GUTIERREZ

No. 7877.

415 P.2d 552 (1966)

76 N.M. 429

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

Supreme Court of New Mexico.

June 20, 1966.

Attorney(s) appearing for the Case

D.D. Archer, Artesia, Foster Windham, Carlsbad, for appellant.

Boston E. Witt, Atty. Gen., James V. Noble, Roy G. Hill, Asst. Attys. Gen., Santa Fe, for appellee.

OPINION

E.T. HENSLEY, Jr., Chief Judge, Court of Appeals.

Ernest Joe Gutierrez was charged with having violated § 64-13-68, N.M.S.A., 1953 Comp., a misdemeanor. After trial in the district court of Eddy County, conviction and sentence, the defendant has appealed.

For reversal, the appellant urges two points: (1) That the evidence was insufficient to justify an arrest without a warrant; and (2) that...

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