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STATE v. SEGURA

No. 453.

472 P.2d 387 (1970)

81 N.M. 673

STATE of New Mexico, Plaintiff-Appellee, v. Jerry SEGURA, Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied June 5, 1970.

Certiorari Denied July 2, 1970.

Attorney(s) appearing for the Case

James T. Roach, Albuquerque, for appellant.

James A. Maloney, Atty. Gen., Santa Fe, Frank N. Chavez, Asst. Atty. Gen., for appellee.

OPINION

SPIESS, Chief Judge.

Defendant was convicted of a crime of robbery (§ 40A-16-2, N.M.S.A. 1953, Repl. Vol. 6). His appeal is presented upon a single point — that the trial court erred in refusing the following requested instruction:

"Even though there is evidence of touching, jostling or falling of the victim as the property was taken, this evidence alone is insufficient to prove use or threatened use of force or violence."

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