STATE v. PEDRO

No. 660.

490 P.2d 470 (1971)

83 N.M. 212

STATE of New Mexico, Plaintiff-Appellee, v. Robert Dan PEDRO, Defendant-Appellant.

Court of Appeals of New Mexico.

October 15, 1971.


Attorney(s) appearing for the Case

Scott McCarty, Albuquerque, David H. Getches, Richard B. Collins, Jr., Native American Rights Fund, Boulder, Colo., for defendant-appellant.

David L. Norvell, Atty. Gen., Leila Andrews, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

WOOD, Chief Judge.

Convicted of violating § 54-5-16, N.M.S.A. 1953 (Repl.Vol. 8, pt. 2), defendant appeals. The portion of § 54-5-16, supra, involved in this appeal makes it unlawful "* * * to possess, * * * anhalonium, commonly known as peyote or pellote; * * *" We need consider only one of the issues raised by defendant; that issue, which is dispositive, is whether the statute requires that possession of anhalonium be intentional.

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