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STATE v. BACA

No. 678.

489 P.2d 1182 (1971)

83 N.M. 184

STATE of New Mexico, Plaintiff-Appellee, v. David BACA, Defendant-Appellant.

Court of Appeals of New Mexico.

October 8, 1971.

Attorney(s) appearing for the Case

Larry D. Beall, Toulouse, Moore & Walters, P.A., Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Thomas Patrick Whelan, Jr., Ronald Van Amberg, Asst. Attys. Gen., Santa Fe, for plaintiff-appellee.

OPINION

COWAN, Judge.

Defendant appeals following his conviction of armed robbery, Section 40A-16-2, N.M.S.A. 1953 (Repl.Vol. 6).

He urges two points for reversal but insufficiency of the evidence is the main thrust of both and is determinative.

We reverse.

The statute provides:

"Robbery consists of the theft of anything of value from the person of another or from the immediate control of another, by use or threatened use of...

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