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STATE v. BAUSKE

No. 1463.

525 P.2d 411 (1974)

86 N.M. 484

STATE of New Mexico, Plaintiff-Appellee, v. Terry Steve BAUSKE, Defendant-Appellant.

Court of Appeals of New Mexico.

July 31, 1974.

Attorney(s) appearing for the Case

Robert L. Hilton, Martin, Maine & Hilton, Albuquerque, for defendant-appellant.

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

OPINION

WOOD, Chief Judge.

Convicted of unlawful possession of a controlled substance (heroin), defendant appeals. Section 54-11-23, N.M.S.A. 1953 (Repl.Vol. 8, pt. 2, Supp. 1973). The issues concern: (1) constructive possession; (2) refusal to disclose the informant's name; and (3) asserted illegal arrest.

Constructive possession.

The car being driven by defendant was stopped on a public street. Defendant's wife and child were passengers...

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