State v. Pedro

OPINION

WOOD, Chief Judge.

Convicted of violating § 54-5-16, N.M. S.A.1953 (Repl.Vol. 8, pt. 2), defendant appeals. The portion of § 54-5-16, supra, involved in this appeal makes it unlawful “ * * * to possess, * * * anhalonium, commonly known as peyote or pellote; * * * ” We need consider only one of the issues raised by defendant; that issue, which is dispositive, is whether the statute requires that possession of anhalonium be intentional.

Section 54-5-16, supra, does not state that the possession must have been intentional. In this situation, judicial construction of the statute is required.…