STATE v. McCOWN

No. 946.

502 P.2d 1014 (1972)

84 N.M. 324

STATE of New Mexico, Plaintiff-Appellee, v. Johnny Ray McCOWN, Defendant-Appellant.

Court of Appeals of New Mexico.

October 20, 1972.


Attorney(s) appearing for the Case

Harvey C. Markley, Lovington, for defendant-appellant.

David L. Norvell, Atty. Gen., Frank N. Chavez, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

WOOD, Chief Judge.

Convicted of unlawful possession of more than one ounce of marijuana, defendant appeals. See §§ 54-9-3 and 54-9-4, N.M.S.A. 1953 (Repl.Vol. 8, pt. 2, Supp. 1971). There are two issues.

First, defendant asserts the trial court erred in not directing the State to disclose the identity of an informant. Disclosure is not required unless there is a showing by defendant that the informer's testimony is highly material...

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