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STATE v. MAESTAS

No. 1294.

528 P.2d 650 (1974)

87 N.M. 6

STATE of New Mexico, Plaintiff-Appellee, v. Bernabe D. MAESTAS, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied November 11, 1974.

Attorney(s) appearing for the Case

Elvin Kanter, John J. Carmody, Jr., Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., George A. Morrison, Sp. Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

SUTIN, Judge.

On November 21, 1972, defendant was arrested for illegal possession of heroin. On December 7, 1972, a grand jury indictment was filed in which defendant was charged with unlawful possession of a controlled substance, to-wit: a narcotic drug enumerated in Schedule I contrary to §§ 54-11-23, 54-11-6, N.M.S.A. 1953 (Repl. Vol. 8, pt. 2, 1973 Supp.).

On April 17, 1973,...

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