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STATE v. SIBOLD

No. 778.

496 P.2d 738 (1972)

83 N.M. 678

STATE of New Mexico, Plaintiff-Appellee, v. Jesse SIBOLD, Defendant-Appellant.

Court of Appeals of New Mexico.

April 14, 1972.

Attorney(s) appearing for the Case

Louis G. Stewart, Jr., Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Santa Fe, Prentis Reid Griffith, Jr., Asst. Atty. Gen., for plaintiff-appellee.

OPINION

COWAN, Judge.

The defendant was convicted on two counts of misappropriation of money by means of fraudulent conduct, practices or representations, contrary to § 40A-16-6, N.M.S.A. 1953 [Repl.Vol. 6]. His appeal raises the issues of failure to grant a continuance and the admission into evidence of a prior felony conviction. We reverse.

On Tuesday, March 30, 1971, the day of trial, the defendant orally moved for a continuance because of...

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