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STATE v. ROMERO

No. 162.

447 P.2d 674 (1968)

79 N.M. 649

STATE of New Mexico, Plaintiff-Appellee, v. Joe Trujillo ROMERO, Defendant-Appellant.

Court of Appeals of New Mexico.

July 8, 1968.

Attorney(s) appearing for the Case

John F. McCarthy, Jr., Santa Fe, for appellant.

Boston E. Witt, Atty. Gen., Warren O.F. Harris, Donald W. Miller, Asst. Attys. Gen., Santa Fe, for appellee.

OPINION

WOOD, Judge.

Defendant was convicted of unlawful possession of a narcotic drug, (heroin) in violation of § 54-7-13, N.M.S.A. 1953. His appeal contends: (1) The heroin was not admissible as evidence because of the manner in which it was obtained and (2) The issue of consent to search should have been submitted to the jury.

The manner in which the heroin was obtained.

The defendant was a passenger in a car which was stopped...

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