State v. Sedillo

OPINION

OMAN, Judge.

Defendant was tried, convicted and sentenced to the New Mexico State Penitentiary for a term of two to ten years for the possession of marijuana. He is now before us on appeal from an order denying, without hearing, his motion under Rule 93 [§ 21-1-1(93), N.M.S.A.1953 (Supp.1967)].

His contentions as set forth in his motion are that his imprisonment and confinement are illegal because: (1) he was convicted and imprisoned without due process of law; (2) the prosecution on the trial failed to introduce into evidence the physical substance purporting to be maxdjuana; (3) there…