Legal Opinion

State v. Garcia

New Mexico Court of Appeals

Decided December 22, 1971No. 690PublishedCited by 27 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

Defendant was indicted and convicted of “unlawful possession of a narcotic drug” in violation of § 54-7-13, N.M.S.A.1953 (Repl.Vol. 8, pt. 2) as that section was worded prior to its amendment by Laws 1971, ch. 245, § 6. The applicable wording is found in Laws 1968, ch. 32, § 1. Defendant’s appeal presents issues concerning: (1) search and seizure and (2) refused instructions. We decide these issues and, in addition, refer to the asserted defect in § 54-7-13, supra, that is raised in the dissent.

Search and seizure.

There is evidence that defendant was in possession of…

2Cases cited13 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Sibron v. New YorkSupreme Court of the United States · 1968
  3. Stang v. Hertz CorporationNew Mexico Supreme Court · 1970
  4. State v. BaxterWashington Supreme Court · 1966
  5. Stang v. Hertz CorporationNew Mexico Court of Appeals · 1970

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

3Cited by27 opinions

  1. State v. CarltonNew Mexico Court of Appeals · 1972
  2. State v. IngramNew Mexico Court of Appeals · 1998
  3. State v. BybeeNew Mexico Court of Appeals · 1989
  4. People v. Eugene HarrisMichigan Court of Appeals · 1972
  5. State v. WillisNew Mexico Court of Appeals · 1982

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

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