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STATE v. BRUBAKER

No. 1248.

517 P.2d 908 (1973)

85 N.M. 773

STATE of New Mexico, Plaintiff-Appellant, v. Richard BRUBAKER and Dale Etter Vaughn, Defendants-Appellees.

Court of Appeals of New Mexico.

December 12, 1973.

Attorney(s) appearing for the Case

E.H. Williams, Jr., Dist. Atty., Las Cruces, for plaintiff-appellant.

Philip W. Steere, T.K. Campbell, Las Cruces, for defendants-appellees.

OPINION

SUTIN, Judge.

The state appeals from an order of the trial court which suppressed the evidence seized by the police from a car occupied by the defendants. We affirm.

Defendants were charged (1) with illegal possession of marijuana contrary to § 54-11-23(A), (B)(3), N.M.S.A. 1953 (Repl. Vol. 8, pt. 2, 1973 Supp.) and (2) with possession of marijuana with intent to distribute contrary to § 54-11-22(A)(1), supra.

At the hearing...

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