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CITY OF ROSWELL v. MARTINEZ

No. 636.

487 P.2d 136 (1971)

82 N.M. 708

CITY OF ROSWELL, New Mexico, Plaintiff-Appellee, v. Ronald R. MARTINEZ, Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied June 17, 1971.

Attorney(s) appearing for the Case

J. Lee Cathey, Carlsbad, for defendant-appellant.

James B. Stapp, City Atty., Roswell, for plaintiff-appellee.

OPINION

SPIESS, Chief Judge.

Defendant was convicted in the municipal court of the City of Roswell of violating an ordinance prohibiting driving of a vehicle while under the influence of intoxicating liquor. He appealed to the District Court and following trial de novo was again convicted of the same offense. The appeal here is from the judgment and sentence of the District Court.

Facts which appear relevant are as follows: one of the city police...

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