State v. Barreras

SHILLINGLAW, Justice.

This is an appeal from a conviction of the defendant by a jury in Bernalillo County for possession of marijuana contrary to the provisions of the Narcotic Drug Act, § 54-7-13, N.M.S.A.1953. A preliminary hearing, the validity of which is the basis of this appeal, was held on September 13, 1957, and an information charging the above crime was filed by the District Attorney the. same day, to which information defendant filed a plea in abatement. A hearing was held on defendant’s plea upon a stipulated set of facts, the plea was denied, whereupon defendant elected to stand…