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.
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.