STATE v. VEGA

No. 8428.

433 P.2d 504 (1967)

78 N.M. 525

STATE of New Mexico, Plaintiff-Appellee, v. Alberto (Beto) Gomez VEGA, Defendant-Appellant.

Supreme Court of New Mexico.

November 13, 1967.


Attorney(s) appearing for the Case

Dan Sosa, Jr., Las Cruces, for appellant.

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


OPINION

NOBLE, Justice.

Alberto Gomez Vega has appealed from the judgment and sentence following his conviction of unlawful possession of narcotic drugs.

Charged with both illegal possession and sale of marijuana, Vega was acquitted of the charge of its sale. The case must be reversed for failure to afford him a preliminary examination before an examining magistrate as required by art. II, § 14, New Mexico Constitution.

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