STATE v. POWELL

No. 5071.

632 P.2d 1207 (1981)

96 N.M. 569

STATE of New Mexico, Plaintiff-Appellee, v. Gerry Dean POWELL and Pam Powell, Defendants-Appellants.

Court of Appeals of New Mexico.

August 11, 1981.


Attorney(s) appearing for the Case

John B. Bigelow, Chief Public Defender, Ellen Bayard, Asst. Appellate Defender, Santa Fe, for defendants-appellants.

Jeff Bingaman, Atty. Gen., Marcia E. White, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

WALTERS, Judge.

We granted defendants' motion for interlocutory appeal after the trial court denied their motion to suppress. We reverse.

On December 3, 1980, a magistrate issued a warrant to search defendants' home and travel trailer. The affidavit recited, in its first six numbered paragraphs, that on December 2, 1980 the defendants were charged by Texas officials for illicit drug transactions. The transactions, according to the affiant...

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