STATE v. FAVELA

No. 142.

444 P.2d 1001 (1968)

STATE of New Mexico, Plaintiff-Appellee, v. Celso FAVELA, Defendant-Appellant.

Court of Appeals of New Mexico.

August 9, 1968.


Attorney(s) appearing for the Case

Joe H. Galvan, Las Cruces, for defendant-appellant.

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


OPINION

OMAN, Judge.

Defendant appeals from his convictions of unlawful possession and unlawful sale and delivery of marijuana. The same marijuana was involved in both offenses, and both offenses were committed on the same day as parts of one continuous transaction.

Under his first point he contends the evidence was insufficient to support the verdict of guilt of possession. He relies particularly upon the case of State v. Giddings,

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