STATE v. MOSS

No. 662.

487 P.2d 1347 (1971)

83 N.M. 42

STATE of New Mexico, Plaintiff-Appellee, v. Jack MOSS, Defendant-Appellant.

Court of Appeals of New Mexico.

July 30, 1971.


Attorney(s) appearing for the Case

Thomas B. Root, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Jay F. Rosenthal, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

WOOD, Chief Judge.

Convicted of embezzlement, § 40A-16-7, N.M.S.A. 1953 (Repl. Vol. 6), defendant appeals. Three of the five points raised concern the elements of embezzlement. The fourth point challenges the sufficiency of the evidence; the fifth point asserts the jury should have been instructed on the lesser offense of attempted embezzlement.

Elements of embezzlement.

Section 40A-16-7, supra, states in part:

...

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