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STATE v. SMITH

No. 6094.

304 P.2d 883 (1956)

62 N.M. 84

STATE of New Mexico, Plaintiff-Appellant, v. Stanley SMITH and Felix Hienemann, Defendants-Appellees.

Supreme Court of New Mexico.

December 14, 1956.

Attorney(s) appearing for the Case

Richard H. Robinson, Atty. Gen., Santiago E. Campos, Fred M. Standley, Asst. Attys. Gen., for appellant.

Mears & Mears, Fred J. Boone, Portales, for appellees.

SADLER, Justice.

The state appeals from an order of the district court of Roosevelt County, dismissing an information filed by the district attorney against defendants charging them with the crime of embezzling public funds of the City of Portales in said county.

Omitting the preamble of the information, it charged:

"Count One: That Stanley Smith and Felix Hienemann having in their possession $37.59 money, represented by bank checks, belonging to...

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