State v. Riley

OPINION

HENDLEY, Judge.

Defendant was charged and convicted of unlawfully giving away a narcotic drug— marijuana. Section 54-7-14, N.M.S.A.1953 (Repl.Vol. 8, pt. 2). Defendant asserts two grounds for reversal. The second point is determinative of this appeal.

We reverse.

Section 54-7-14, supra, states:

“Unlawful sale or delivery — Possession with intent to sell unlawfully. — Whoever shall have in his possession a narcotic drug with intent unlawfully to sell and deliver such drug, or any part thereof, or whoever unlawfully sells, furnishes, gives away, or delivers any narcotic drug in violation of…