State v. Garcia

MOISE, Justice.

Defendant-appellant was charged in an information with violation of § 54-7-13, N.M.S.A.1953, in that he had cannabis, also known as marijuana, in his possession, unlawfully. He was found guilty and was thereupon charged as a second offender habitual criminal. Upon defendant’s acknowledging that he was the same person previously convicted of the crime of grand larceny, he was sentenced to a term of not less than five years nor more than twenty years in the penitentiary. From this sentence the present appeal is prosecuted.

The record discloses that at about 7:00 p. m. on August…