STATE v. BACA

No. 410.

472 P.2d 651 (1970)

81 N.M. 686

STATE of New Mexico, Plaintiff-Appellee, v. Candelario BACA, Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied June 22, 1970.

Certiorari Denied July 20, 1970.


Attorney(s) appearing for the Case

Heister H. Drum, Albuquerque, for appellant.

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


OPINION

HENDLEY, Judge.

Defendant was convicted of the illegal sale of morphine. Section 54-7-14, N.M.S.A. 1953 (Repl.Vol. 8, pt. 2). He raises four points for reversal. We affirm.

1. "THE COURT ERRED IN DENYING DEFENDANT'S MOTION TO DISMISS THE ACTION ON THE GROUND THAT THE WARRANT WAS ISSUED ON AN INVALID COMPLAINT AND, THEREFORE[,] THE COURT DID NOT HAVE JURISDICTION TO TRY THE DEFENDANT ON THE SUBJECT CHARGES."

On oral argument, defendant...

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