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STATE v. VOLKMAN

No. 1251.

525 P.2d 889 (1974)

86 N.M. 529

STATE of New Mexico, Plaintiff-Appellee, v. Michael Ernest VOLKMAN, Kenneth Woolfork, Lawrence Thomas Kaasch, Defendants-Appellants.

Court of Appeals of New Mexico.

July 31, 1974.

Attorney(s) appearing for the Case

Patrick S. Villella, Knight, Sullivan & Villella, Albuquerque, for defendants-appellants.

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

OPINION

LOPEZ, Judge.

The three defendants were arrested after Officer Hatty of the Albuquerque Police Department found them in possession of material suspected to be marijuana. In a joint trial, all three were convicted of possession of more than eight ounces of marijuana contrary to § 54-11-23, N.M.S.A. 1953 (Repl.Vol. 8, pt. 2, Supp. 1973).

Defendants Volkman and Woolfork claim that the trial court erred in failing to grant their motion to...

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