Legal Opinion

State v. Kenard

New Mexico Court of Appeals

Decided June 18, 1975No. 1645PublishedCited by 7 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

Convicted of unlawful possession of heroin, defendant appeals. Section 54-11-23, N.M.S.A.1953 (Repl. Vol. 8, pt. 2, Supp. (1973). The issues concern: (1) sufficiency of the evidence, and (2) search and seizure.

Sufficiency of the Evidence

Upon execution of a search warrant, heroin was found in ten aluminum foil packets. The packets were in an amber vial. The vial was a prescription bottle and the prescription had been made out to defendant. The contention is that this evidence establishes that the heroin was not possessed unlawfully. Defendant relies on § 54 — 11— 23,…

2Cases cited7 opinions

  1. Wong Sun v. United StatesSupreme Court of the United States · 1963
  2. United States v. Robert Singleton, Alias Popeye, Charles William Mosby. Appeal of Charles William MosbyCourt of Appeals for the Third Circuit · 1971
  3. State v. BacaNew Mexico Court of Appeals · 1974
  4. State v. BacaNew Mexico Court of Appeals · 1971
  5. People v. VasquezCalifornia Court of Appeal · 1969

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. State v. BrownNew Mexico Supreme Court · 1984
  2. State v. SanchezNew Mexico Supreme Court · 1975
  3. State v. PoolNew Mexico Court of Appeals · 1982
  4. State v. KenardNew Mexico Court of Appeals · 1975
  5. State v. JonesNew Mexico Court of Appeals · 1975

2 more not listed; retrieve them via the Exa API.

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