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STATE v. DOWNING

No. 677.

488 P.2d 112 (1971)

83 N.M. 62

STATE of New Mexico, Plaintiff-Appellee, v. E.R. DOWNING, Defendant-Appellant.

Court of Appeals of New Mexico.

July 30, 1971.

Attorney(s) appearing for the Case

D. D. Archer, Artesia, for defendant-appellant.

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

OPINION

WOOD, Chief Judge.

Defendant was convicted of issuing two worthless checks contrary to § 40-49-4, N.M.S.A. 1953 (Repl. Vol. 6). He claims the evidence is insufficient to sustain the convictions.

As to the first check, he claims it was post-dated and the Worthless Check Act does not apply to any post-dated check. Paragraph B of § 40-49-6, N.M.S.A. 1953 (Repl. Vol. 6). We agree.

It...

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