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STATE v. KENARD

No. 1645.

537 P.2d 1003 (1975)

88 N.M. 103

STATE of New Mexico, Plaintiff-Appellee, v. Arnold KENARD, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied July 16, 1975.

Attorney(s) appearing for the Case

Justin Reid, Santa Fe, for defendant-appellant.

Toney Anaya, Atty. Gen., Ralph W. Muxlow II, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

Convicted of unlawful possession of heroin, defendant appeals. Section 54-11-23, N.M.S.A. 1953 (Repl. Vol. 8, pt. 2, Supp. (1973). The issues concern: (1) sufficiency of the evidence, and (2) search and seizure.

Sufficiency of the Evidence

Upon execution of a search warrant, heroin was found in ten aluminum foil packets. The packets were in an amber vial. The vial was a prescription bottle and the...

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