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STATE v. PEAVLER

Nos. 10454 and 10493.

537 P.2d 1387 (1975)

88 N.M. 125

STATE of New Mexico, Petitioner, v. Ronald PEAVLER and John Casaus, Respondents. Ronald PEAVLER and John Casaus, Petitioners, v. STATE of New Mexico, Respondent.

Supreme Court of New Mexico.

July 2, 1975.

Attorney(s) appearing for the Case

James L. Brandenburg, Dist. Atty., James F. Blackmer, Asst. Dist. Atty., Albuquerque, for petitioner No. 10454.

Freedman & Boyd, Albuquerque, for petitioners No. 10493.

Marchiondo & Berry, Roy Anuskewicz, Jr., Albuquerque, for respondents No. 10454.

Toney Anaya, Atty. Gen., Santa Fe, for respondent No. 10493.

OPINION

STEPHENSON, Justice.

The District Court of the Second Judicial District dismissed an indictment charging possession, unlawful distribution and conspiracy to distribute marijuana upon motion of the defendants. The State appealed.

The Court of Appeals affirmed the dismissal of the indictment but directed the district court to see to it that a preliminary hearing be granted the defendants in magistrate court. State v. Peavler and Casaus, (filed...

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