STATE v. TAPIA

No. 408.

467 P.2d 31 (1970)

STATE of New Mexico, Plaintiff-Appellee, v. Phillip A. TAPIA, Defendant-Appellant.

Court of Appeals of New Mexico.

March 13, 1970.


Attorney(s) appearing for the Case

Warren O.F. Harris, King & Harris, Albuquerque, for appellant.

James A. Maloney, Atty. Gen., Ray Shollenbarger, Asst. Atty. Gen., Santa Fe, for appellee.


OPINION

HENDLEY, Judge.

Defendant was convicted of the unlawful sale of a narcotic drug — heroin. Section 54-7-14, N.M.S.A. 1953 (Repl.Vol. 8, pt. 2). He appeals giving five points for reversal.

We affirm.

1. "THE TRIAL COURT ERRED IN NOT GRANTING DEFENDANT'S MOTION FOR CONTINUANCE BECAUSE OF THE UNAVAILABILITY OF THREE DEFENSE WITNESSES."

Section 21-8-10, N.M.S.A. 1953 sets forth the requirements for a motion for continuance...

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