State v. Anaya

OPINION

SPIESS, Chief Judge.

Convicted of the theft of automobile tires from an automobile, Sec. 64 — 9-4, N.M. S.A.1953 (Rpl. Vol. 9, pt. 2), defendant, Anaya, has appealed. Anaya’s contention is that the tires were obtained through an unreasonable search and seizure in violation of constitutional guarantees and their admission in evidence was prejudicial error. We affirm the judgment and conviction.

The undisputed material facts are: Officers of the Albuquerque Police Department were informed that a suspected theft of tires from automobiles at a used car lot was in progress. The officers…