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82 N.M. 553

State v. Faulkenberry

New Mexico Court of Appeals

Decided April 23, 1971

New Mexico Court of Appeals · decided 1971-04-23

Cited by 2 later decisions — most recently November 1971

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1971-04-23

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¶1OPINION

SUTIN, Judge.

¶2Faulkenberry 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.

¶3We affirm.

¶4Faulkenberry 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.

¶5We 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.

¶6The judgment and sentence are affirmed.

¶7It is so ordered.

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