State v. Covens

OPINION

'WOOD, Chief Judge..Convicted of “unlawful use of marijuana,” defendant appeals. He contends: (1) no crime was charged; (2) the term “unlawful use” is void for vagueness; and (3) the admission of two marijuana cigarettes into evidence was not relevant to an “unlawful use.”

Whether a crime was charged.

The information charged defendant with “ . . . Unlawful Use of Marijuana, a violation of Section 54-7-51, . . . .” N.M.S.A.1953 [Repl.Vol. 8, pt. 2, Supp. 1969 (repealed Laws 1971, ch. 245, § 13)]. Section 54 — 7-51, supra, stated penalties for unlawful use of marijuana but did not define…