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STATE v. VIGIL

No. 97.

439 P.2d 729 (1968)

79 N.M. 80

STATE of New Mexico, Plaintiff-Appellee, v. Robert VIGIL, Defendant-Appellant.

Court of Appeals of New Mexico.

March 29, 1968.

Attorney(s) appearing for the Case

Robert J. Seller, Alamogordo, for defendant-appellant.

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

OPINION

SPIESS, Chief Judge.

Defendant was convicted upon charges of unlawful possession and sale of narcotics from which he has appealed. It is first contended that the state did not preserve and present in evidence certain objects which the state obtained in a search of defendant's home and which were material to the defense. It is further contended that "the fundamental rights of the defendant were violated by the state in that defendant was

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