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STATE v. SPARKS

No. 1163.

512 P.2d 1265 (1973)

STATE of New Mexico, Plaintiff-Appellee, v. Howard SPARKS and Susan Sparks, Defendants-Appellants.

Court of Appeals of New Mexico.

July 18, 1973.

Attorney(s) appearing for the Case

Robert S. Skinner, Raton, for defendants-appellants.

David L. Norvell, Atty. Gen., Thomas Patrick Whelan, Jr., Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

Convicted of unlawfully distributing controlled substances (amphetamines and LSD), defendants appeal. Section 54-11-22(A)(2). N.M.S.A. 1953 (1972 Int.Supp.). The dispositive issue concerns inspection of a transcript of the grand jury testimony of a witness.

Cross-examining the State's witness, Kelly, defendants established that Kelly had testified before the grand jury. Defendants then sought a copy of the transcript of...

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