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STATE v. NOLAN

No. 5915.

285 P.2d 798 (1955)

59 N.M. 437

STATE of New Mexico, Plaintiff-Appellee, v. Harry NOLAN, Defendant-Appellant.

Supreme Court of New Mexico.

July 5, 1955.

Attorney(s) appearing for the Case

H.E. Blattman, Las Vegas, for appellant.

Richard H. Robinson, Atty. Gen., Fred M. Standley, Walter R. Kegel, Asst. Attys. Gen., for appellee.

KIKER, Justice.

Appellant attacks the constitutionality of § 40-45-22, NMSA 1953, which deals with embezzlement of public funds, on the following grounds:

"* * * (a) That the statute * * fails to define embezzlement, as it does not include essential elements, viz., entrustment and fraudulent conversion and therefore violated the 14th amendment of the U.S. Constitution, is vague, uncertain, denies a person due...

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