State v. Kenard
New Mexico Court of Appeals
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
- Wong Sun v. United StatesSupreme Court of the United States · 1963
- United States v. Robert Singleton, Alias Popeye, Charles William Mosby. Appeal of Charles William MosbyCourt of Appeals for the Third Circuit · 1971
- State v. BacaNew Mexico Court of Appeals · 1974
- State v. BacaNew Mexico Court of Appeals · 1971
- People v. VasquezCalifornia Court of Appeal · 1969
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3Cited by7 opinions
- State v. BrownNew Mexico Supreme Court · 1984
- State v. SanchezNew Mexico Supreme Court · 1975
- State v. PoolNew Mexico Court of Appeals · 1982
- State v. KenardNew Mexico Court of Appeals · 1975
- State v. JonesNew Mexico Court of Appeals · 1975
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