State v. Berry

OPINION

WOOD, Chief Judge.

Defendant was convicted of violating § 54-11-20, N.M.S.A.1953 (Repl.Vol. 8, pt. 2, Supp.1973) on the basis that he unlawfully distributed heroin.. The deposition of Dr. Schoenfeld was introduced at trial. In his deposition, Dr. Schoenfeld identified the substance allegedly distributed as heroin. Defendant objected to the use of the deposition at trial.-

The dispositive question in defendant’s appeal is whether the deposition was properly admitted. The two aspects of the question are: (1) admissibility under the Rules of Criminal Procedure and (2) admissibility apart…