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STATE v. GARCIA

No. 690.

493 P.2d 975 (1971)

83 N.M. 490

STATE of New Mexico, Plaintiff-Appellee, v. Paul GARCIA, Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied January 14, 1972.

Certiorari Denied February 16, 1972.

Attorney(s) appearing for the Case

F. Stephen Boone, Stockly, Sierra, Smith & Boone, P.A., Santa Fe, for appellant.

David L. Norvell, Atty. Gen., Ronald Van Amberg, Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

WOOD, Chief Judge.

Defendant was indicted and convicted of "unlawful possession of a narcotic drug" in violation of § 54-7-13, N.M.S.A. 1953 (Repl.Vol. 8, pt. 2) as that section was worded prior to its amendment by Laws 1971, ch. 245, § 6. The applicable wording is found in Laws 1968, ch. 32, § 1. Defendant's appeal presents issues concerning: (1) search and seizure and (2) refused instructions. We decide these issues and, in addition...

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