OPINION
HENDLEY, Judge.
Defendants were tried de novo in district court on an appeal from a conviction in magistrate court for violation of § 40A-20-10. N.M.S.A. 1953 (Repl.Vol. 1972). See § 36-15-1 through § 36-15-4, N.M.S.A. 1953 (Repl.Vol. 1972); § 36-21-42, N.M.S.A. 1953 (Repl.Vol. 1972); Southern Union Gas Company v. Taylor,
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