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STATE v. LANDLEE

No. 1120.

512 P.2d 97 (1973)

85 N.M. 337

STATE of New Mexico, Plaintiff-Appellee, v. Robert Nick LANDLEE, Defendant-Appellant.

Court of Appeals of New Mexico.

June 20, 1973.

Attorney(s) appearing for the Case

Charles P. Reynolds, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Jay F. Rosenthal, Special Asst. Atty. Gen., Kegel & McCulloh, Santa Fe, for plaintiff-appellee.

OPINION

LOPEZ, Judge.

Defendant was indicted for fourth degree felony fraud pursuant to § 40A-16-6, N.M.S.A. 1953 (2d Repl.Vol. 6) which defines fraud as follows:

"Fraud consists of the intentional misappropriation or taking of anything of value which belongs to another by means of fraudulent conduct, practices or representations."

Defendant was convicted of the misappropriation of scrap copper from Lane Plumbing Company but the jury...

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