State v. Garcia

OPINION

CARMODY, Justice.

The defendant was found guilty by a jury of the possession of marijuana. From the judgment and sentence thereafter passed, he appeals.

Three separate errors are urged for reversal, (1) that a plea in abatement, seeking to remand the case to the justice of the peace for a preliminary hearing, was. denied; (2) refusal of the court to give an instruction on the defense of entrapment; and (3) the denial of a request for a mistrial.

The defendant’s primary contention relates to a claimed deficiency in the preliminary hearing. At the conclusion of that hearing, the defendant…