STATE v. GORSUCH

No. 1448.

529 P.2d 1256 (1974)

87 N.M. 1256

STATE of New Mexico, Plaintiff-Appellee, v. Robert L. GORSUCH, Defendant-Appellant.

Court of Appeals of New Mexico.

December 11, 1974.


Attorney(s) appearing for the Case

Thomas G. Fitch and Leslie C. Smith, Buhler, Smith & Fitch, Socorro, for defendant-appellant.

David L. Norvell, Atty. Gen., Ralph Muxlow II, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

LOPEZ, Judge.

The defendant was tried and convicted for possession with intent to distribute marijuana contrary to § 54-11-22(A). N.M.S.A. 1953 (Repl.Vol. 8, pt. 2, Supp. 1973). After judgment and sentence the defendant appeals; we reverse.

Defendant raises several points for reversal, of which one, the legality of defendant's arrest, is dispositive of the appeal.

The record discloses that on the night of April 1, 1973, the defendant...

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