STATE v. GARCIA

No. 8537.

443 P.2d 860 (1968)

79 N.M. 367

STATE of New Mexico, Plaintiff-Appellee, v. Raymond GARCIA, Defendant-Appellant.

Supreme Court of New Mexico.

July 22, 1968.


Attorney(s) appearing for the Case

Anthony J. Albert, Sante Fe, for defendant-appellant.

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


OPINION

CARMODY, Justice.

The defendant was found guilty by a jury of the possession of marijuana. From the judgment and sentence thereafter passed, he appeals.

Three separate errors are urged for reversal, (1) that a plea in abatement, seeking to remand the case to the justice of the peace for a preliminary hearing, was denied; (2) refusal of the court to give an instruction on the defense of entrapment; and (3) the denial of a request for a mistrial...

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