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STATE v. HERRERA

No. 519.

483 P.2d 313 (1971)

82 N.M. 432

STATE of New Mexico, Plaintiff-Appellee, v. Demetrio Johnny HERRERA, Defendant-Appellant.

Court of Appeals of New Mexico.

March 12, 1971.

Attorney(s) appearing for the Case

Rufus E. Thompson, Roswell, for defendant-appellant.

James A. Maloney, Atty. Gen., Thomas L. Dunigan, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Judge.

Convicted of unlawfully selling or disposing of marijuana contrary to § 54-5-14, N.M.S.A. 1953 (Repl.Vol. 8, pt. 2), defendant appeals. The issues concern: (1) venue; (2) jury array; (3) continuance; (4) challenge of a juror for cause; and (5) an instruction with a notation.

Venue.

Defendant's motion for change of venue was sufficient under § 21-5-3, N.M.S.A. 1953 (Repl.Vol. 4) to require that venue...

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