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STATE v. SPEARMAN

No. 883.

503 P.2d 649 (1972)

84 N.M. 366

STATE of New Mexico, Plaintiff-Appellee, v. Jay W. SPEARMAN, Defendant-Appellant.

Court of Appeals of New Mexico.

November 3, 1972.

Attorney(s) appearing for the Case

Albert J. Rivera, Alamogordo, for defendant-appellant.

David L. Norvell, Atty. Gen., James H. Russell, Jr., Frank N. Chavez, Asst. Attys. Gen., Santa Fe, for plaintiff-appellee.

OPINION

HENDLEY, Judge.

Defendant was convicted of three counts of unlawful possession of a depressant, stimulant or hallucinogenic drug, namely, Dexamyl, Seconal and Nembutal, contrary to § 54-6-38B(3), N.M.S.A. 1953 (Repl.Vol. 1962, pt. 2, Supp. 1971). His fifth point on appeal relating to the court's failure to give a requested instruction on defendant's failure to testify is dispositive of the appeal. We reverse.

Defendant did not testify...

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