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STATE v. LEWIS

No. 260.

454 P.2d 360 (1969)

80 N.M. 274

STATE of New Mexico, Plaintiff-Appellee, v. Gwynn Walter LEWIS, Defendant-Appellant.

Court of Appeals of New Mexico.

April 18, 1969.

Attorney(s) appearing for the Case

Norman E. Runyan, Tucumcari, for appellant.

James A. Maloney, Atty. Gen., Justin Reid, Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

WOOD, Judge.

Defendant appeals his conviction for unlawful possession of marijuana. Section 54-7-13, N.M.S.A. 1953 (Repl.Vol. 8, pt. 2). He asserts: (1) he was illegally arrested, (2) the application for a search warrant was defective and (3) his in-custody statement was obtained in absence of counsel.

Asserted illegal arrest.

Two State Police Officers were investigating an accident east of San Jon. Defendant, driving an...

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