STATE v. BARELA

No. 1256.

519 P.2d 1185 (1974)

86 N.M. 104

STATE of New Mexico, Plaintiff-Appellee, v. Mary Frances BARELA, a/k/a Frances Sanchez, Defendant-Appellant.

Court of Appeals of New Mexico.

February 20, 1974.


Attorney(s) appearing for the Case

John M. Wells, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Agustin T. Gurule, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

SUTIN, Judge.

Defendant was convicted of distributing heroin. Section 54-11-20, N.M.S.A. 1953 (Repl.Vol. 8, pt. 2, 1973 Supp.) She appeals. We reverse.

Defendant contends: (1) The deposition of Dr. Robert G. Schoenfeld was inadmissible at trial under Rule 29(n) of the Rules of Criminal Procedure. (2) There was insufficient evidence to support the conviction.

(1) The deposition was inadmissible at trial.

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