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STATE v. ARAGON

No. 503.

475 P.2d 460 (1970)

STATE of New Mexico, Plaintiff-Appellee, v. Juan ARAGON, Defendant-Appellant.

Court of Appeals of New Mexico.

September 25, 1970.

Attorney(s) appearing for the Case

R.N. Franklin, Franklin & Anaya, Albuquerque, for defendant-appellant.

James A. Maloney, Atty. Gen., Santa Fe, Ray Shollenbarger, Richard J. Smith, Asst. Attys. Gen., for plaintiff-appellee.

OPINION

HENDLEY, Judge.

Defendant appeals his conviction of the unlawful sale of a narcotic drug, heroin. Defendant raises two points for reversal, the prejudicial effect of the prosecutor's opening statement alleging a prior sale of narcotics by defendant; and that the verdict and judgment was supported by substantial evidence.

We affirm.

(a) Prosecutor's statement of prior sale.

In his opening statement the prosecutor stated...

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