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STATE v. EVANS

No. 1007.

508 P.2d 1344 (1973)

85 N.M. 47

STATE of New Mexico, Plaintiff-Appellee, v. Ronald EVANS, a/k/a "Smokey", Defendant-Appellant.

Court of Appeals of New Mexico.

March 30, 1973.

Attorney(s) appearing for the Case

John H. Lawless, Jr., Alamogordo, for defendant-appellant.

David L. Norvell, Atty. Gen., Harvey Fruman, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

HERNANDEZ, Judge.

Defendant was convicted on two counts of unlawful sale of marijuana (§ 54-9-3, N.M.S.A. 1953 (Repl.Vol. 8, pt. 2) (Repealed)) and sentenced to two concurrent terms of not less than two and not more than ten years. On appeal defendant contends: (1) that the trial court erred in denying his motion for a change of venue due to extensive pre-trial publicity and, (2) that the trial court erred in refusing to give two instructions...

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