Court of Appeals of New Mexico

Decision Information

Decision Content

STATE V. FAULKENBERRY, 1971-NMCA-061, 82 N.M. 553, 484 P.2d 773 (Ct. App. 1971)

STATE OF NEW MEXICO, Plaintiff-Appellee,
vs.
JAMES ROBERT FAULKENBERRY, Defendant-Appellant

No. 610

COURT OF APPEALS OF NEW MEXICO

1971-NMCA-061, 82 N.M. 553, 484 P.2d 773

April 23, 1971

Appeal from the District Court of Chaves County, Reese, Jr., Judge

COUNSEL

L. GEORGE SCHUBERT, Hobbs, New Mexico, Attorney for Appellant.

DAVID L. NORVELL, Attorney General, THOMAS L. DUNNIGAN, Ass't. Atty. Gen., Santa Fe, for Appellee.

JUDGES

SUTIN, Judge, wrote the opinion.

WE CONCUR:

Waldo Spiess, C.J., Joe W. Wood, J.

AUTHOR: SUTIN

OPINION

SUTIN, Judge.

{1} 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.

{2} We affirm.

{3} 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.

{4} 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.

{5} The judgment and sentence are affirmed.

{6} IT IS SO ORDERED.

WE CONCUR:

Waldo Spiess, C.J., Joe W. Wood, J.

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