State v. Faulkenberry

New Mexico Court of Appeals

State v. Faulkenberry

484 P.2d 773, 82 N.M. 553

CourtNew Mexico Court of Appeals

DecidedApril 23, 1971

DocketNo. 610

StatusPublished

Cited by1 cases

This text of 484 P.2d 773 (State v. Faulkenberry) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Faulkenberry, 484 P.2d 773, 82 N.M. 553 (N.M. Ct. App. 1971).

Pincite

Opinion

OPINION

SUTIN, Judge.

Faulkenberry was convicted of unlawfully selling or disposing of marijuana under § 54-5-14, N.M.S.A.1953 (Repl. Vol. 8, pt. 2), and unlawful possession of a dangerous drug, Pentobarbital Sodium, pursuant to § 54-6-38(B), N.M.S.A.1953 (Repl. Vol. 8, pt. 2, Supp.1969). Faulkenberry appeals.

We affirm.

Faulkenberry claims that (1) marijuana is not a dangerous drug; (2) he is entitled to two separate juries to try him on two separate counts; (3) he is entitled to a new trial to establish ownership of the suitcase and its contents by a witness.

We have reviewed the record and fail to find where these issues were first raised in the district court. They are not, therefore, subject to review.

The judgment and sentence are affirmed.

It is so ordered.

SPIESS, C. J., and WOOD, J., concur.

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