defendant as being the man who robbed him, but did identify the unusual sawed-off shotgun found in defendant's possession, as being the same weapon used on the night of the robbery. It was also brought out at trial that defendant was in possession of the liquor store clerk's social security card when he was taken into custody by the New Mexico State Police.
Two members of the New Mexico State Police appeared for the prosecution. They testified to the same facts based upon their actual involvement in the incident and defendant's oral confession. According to their testimony defendant had pulled into a gas station on November 3, 1963, and in an attempt to move his sawed-off shotgun from the car seat and hide it on the floor the gundischarged firing a shell into the car door. The station attendant called *358 the police about the incident and described the car and reported its license number.
Officer Melvin L. West stopped defendant at 9:00 o'clock on the morning of November 3, 1963, two miles west of Roswell, New Mexico on highway 70-380. Officers Jerry Wood and J.R. Funk arrived at the scene within a matter of seconds after Officer West arrived.
When Officer West immediately asked defendant for his driver's license and vehicle registration card defendant answered he had none. When questioned about the bulge in his pockets defendant produced four 110 gauge shotgun shells.
The following are the relevant facts as to what transpired after the defendant was stopped:
"Q Now, at this time was this person under arrest, Officer