STATE v. JOHNSON

No. 1097.

513 P.2d 399 (1973)

85 N.M. 465

STATE of New Mexico, Plaintiff-Appellee, v. Thomas L. JOHNSON, Defendant-Appellant.

Court of Appeals of New Mexico.

August 1, 1973.


Attorney(s) appearing for the Case

Joseph A. Roberts, Chavez & Roberts, Santa Fe, for defendant-appellant.

David L. Norvell, Atty. Gen., Jay F. Rosenthal, Sp. Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

LOPEZ, Judge.

Two bottles of liquor allegedly stolen from the house at the Rowley ranch were found in defendant's zipped duffel bag at his place of residence. Defendant, by his court-appointed attorney, made a pretrial motion to suppress the evidence on the grounds of illegal search and seizure. The motion was denied and defendant was convicted of burglary of a residence pursuant to § 40A-16-3, N.M.S.A. 1953 (2d Repl. Vol. 6). Although defendant...

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