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STATE v. ARCHULETA

No. 1104.

509 P.2d 1341 (1973)

85 N.M. 146

STATE of New Mexico, Plaintiff-Appellee, v. Edwardo ARCHULETA, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied May 14, 1973.

Attorney(s) appearing for the Case

Thomas E. Horn, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Dee C. Blythe, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

Convicted of unlawful possession of a narcotic drug — heroin — defendant appeals. See §§ 54-7-2 and 54-7-13, N.M.S.A. 1953 (Repl.Vol. 8, pt. 2, Supp. 1971). The issue is the validity of the application for a search warrant.

Defendant contends the allegations in the application, which refer to probable cause, are defective as a matter of law. This portion of the application reads:

"Det. Dan...

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