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STATE v. DURAN

No. 1445.

526 P.2d 188 (1974)

86 N.M. 594

STATE of New Mexico, Plaintiff-Appellee, v. Rudy Jesus DURAN, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied September 4, 1974.

Attorney(s) appearing for the Case

Scott McCarty, William H. Carpenter, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Harvey B. Fruman, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

Rudy Duran and Sadie Peralta were convicted of larceny of money exceeding $100.00 but less than $2,500.00. Section 40A-16-1, N.M.S.A. 1953 (2d Repl. Vol. 6). Duran appeals, claiming his conviction is not supported by substantial evidence.

The larceny was a "till tap"; the money was taken from the cash drawer of a motel on North 4th Street in Albuquerque. The evidence is that Sadie Peralta took the money. Duran's conviction...

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