STATE v. LUCERO

No. 6173.

313 P.2d 1052 (1957)

63 N.M. 80

STATE of New Mexico, Plaintiff-Appellee, v. Teofilo E. LUCERO, Jr., Juan S. Silva and Tony Montenegro, Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied August 16, 1957.


Attorney(s) appearing for the Case

W.A. Sutherland, Las Cruces, for appellants.

Fred M. Standley, Atty. Gen., Robert F. Pyatt and Santiago E. Campos, Ass't Attys. Gen., for appellee.


McGHEE, Justice.

The appellants seek a reversal of their conviction of "robbery while unarmed" because of claimed insufficiency of the evidence.

On the night of March 5, 1955, appellants Teofilo E. Lucero, Jr., Juan S. Silva and Tony Montenegro, accompanied by Julian Montes, a juvenile, were riding in a car driven by appellant Lucero near Hatch, New Mexico. While the testimony is somewhat contradictory, it is agreed that they gave rides to three seasonal farm...

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