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STATE v. AUSTIN

No. 359.

461 P.2d 230 (1969)

80 N.M. 748

STATE of New Mexico, Plaintiff-Appellee, v. Leon AUSTIN, Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied October 28, 1969.

Attorney(s) appearing for the Case

Warren F. Reynolds, Easley & Reynolds, Hobbs, for defendant-appellant.

James A. Maloney, Atty. Gen., Santa Fe, Oliver H. Miles, Asst. Atty. Gen., for plaintiff-appellee.

OPINION

HENDLEY, Judge.

Defendant appeals his conviction of the unlawful taking of a vehicle, § 64-9-4(a), N.M.S.A. (Repl.Vol. pt. 2). That statute provides:

"UNLAWFUL TAKING OF A VEHICLE. — (a) Any person who shall take any vehicle intentionally and without consent of the owner thereof shall be guilty of a felony. The consent of the owner of the vehicle to its taking shall not in case be presumed or implied because of such owner...

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