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STATE v. REESE

No. 2938.

570 P.2d 614 (1977)

91 N.M. 76

STATE of New Mexico, Plaintiff-Appellee, v. Jose Anthony Reese, a/k/a "Tony", Defendant-Appellant.

Court of Appeals of New Mexico.

September 27, 1977.

Attorney(s) appearing for the Case

Scott McCarty, Marchiondo & Berry, P.A., Albuquerque, for defendant-appellant.

Toney Anaya, Atty. Gen., Ernesto J. Romero, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

Convicted of possession with intent to distribute heroin, defendant appeals. Section 54-11-20, N.M.S.A. 1953 (2d Repl. Vol. 6, Supp. 1975). We discuss: (1) false evidence before the grand jury and (2) improper citation to the taped transcript.

False Evidence Before the Grand Jury

A disputed factual issue was whether defendant possessed the heroin allegedly found...

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