State v. Deltenre

OPINION

COMPTON, Justice.

The appellant was convicted’of the crime of possessing marijuana in violation of § 54-5-14, N.M.S.A.1953, and from a judgment imposing sentence therefor, he appeals. His primary claim of error is that his constitutional rights were violated by the introduction of evidence obtained through an unlawful search and seizure in contravention of the-New Mexico Constitution, Art. II, § 10, and the United States Constitution, amendment IV, made applicable to the states through the due process clause of the United States Constitution, amendment XIV.

Prior to trial by jury,…