STATE v. RHODES

No. 298.

460 P.2d 259 (1969)

90 N.M. 729

STATE of New Mexico, Plaintiff-Appellee, v. Thomas Jefferson RHODES, Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied October 8, 1969.


Attorney(s) appearing for the Case

Theodore R. Johnson, Williams, Johnson, Houston & Reagan, Hobbs, for appellant.

James A. Maloney, Atty. Gen., Justin Reid, Asst. Atty. Gen., Larry N. Smith, Sp. Asst. Atty. Gen., Santa Fe, for appellee.


OPINION

HENDLEY, Judge.

Defendant, by pre-trial and trial motion, sought to suppress the introduction into evidence of thirty-one marijuana cigarettes on the grounds that defendant's arrest was without probable cause and, therefore, the subsequent search and seizure illegal. The trial court denied the motions and defendant was subsequently convicted of Count I for the sale or delivery of marijuana and of Count II for the possession of marijuana.

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