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STATE v. LARD

No. 1341.

519 P.2d 307 (1974)

86 N.M. 71

STATE of New Mexico, Plaintiff-Appellee, v. Thomas A. LARD, Defendant-Appellant.

Court of Appeals of New Mexico.

January 23, 1974.

Attorney(s) appearing for the Case

Stephen F. Grover, Farmington, for defendant-appellant.

Byron Caton, Thomas J. Hynes, Asst. Dist. Attys., Eleventh Judicial District, Farmington, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

Defendant appeals his conviction of larceny of money in excess of $100.00 but not more than $2500.00. Section 40A-16-1, N.M.S.A. 1953 (2d Repl.Vol. 6). He also appeals his sentence as an habitual offender. Section 40A-29-5, N.M.S.A. 1953 (2d Repl.Vol. 6). The issues are: (1) sufficiency of the evidence as to the larceny; (2) admissibility of a statement allegedly privileged; and (3) propriety of the enhanced sentence.

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