STATE v. BOOHER

No. 31.

428 P.2d 478 (1967)

78 N.M. 76

STATE of New Mexico, Plaintiff-Appellee, v. Olan BOOHER, Defendant-Appellant.

Court of Appeals of New Mexico.

May 12, 1967.


Attorney(s) appearing for the Case

Albert J. Rivera, Alamogorda, H. Elfred Jones, Carrizozo, for appellant.

Boston E. Witt, Atty. Gen., Donald W. Miller, Asst. Atty. Gen., Santa Fe, for appellee.


OPINION

HENSLEY, Jr., Chief Judge.

Two defendants were charged under § 53-2-7, N.M.S.A. 1953, with the unlawful possession of elk meat. The Justice of the Peace Court found both defendants guilty. Following appeal and trial in the district court one defendant was found not guilty and the other guilty. From the adverse decision the aggrieved defendant appeals.

The appellant had no permit to possess elk meat. On February 21, 1966, a search warrant...

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