State v. Vasquez - New Mexico Court of Appeals

State v. Vasquez

By New Mexico Court of Appeals

  • Release Date: 1969-08-29
  • Genre: Law

Description

The issue is whether the preliminary examination was a sufficient preliminary examination of the charge on which defendant was convicted. Defendant had marijuana in his possession. The information charged defendant with unlawfully possessing narcotic drugs in violation of § 54-7-13, N.M.S.A. 1953 (Repl. Vol. 8, pt. 2). He appeals his conviction of this charge. He asserts his preliminary examination was on a complaint of violating § 54-5-14, N.M.S.A. 1953 (Repl. Vol. 8, pt. 2). He claims he did not have a preliminary examination concerning a violation of § 54-7-13, supra. He contends that without a preliminary examination on a complaint of violating § 54-7-13, supra, the trial court was without jurisdiction to proceed against him on that charge.

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