STATE v. JONES

No. 1777.

537 P.2d 1006 (1975)

88 N.M. 107

STATE of New Mexico, Plaintiff-Appellee, v. Clifford JONES, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied July 16, 1975.


Attorney(s) appearing for the Case

Chester H. Walter, Jr., Chief Public Defender, Bruce L. Herr, Appellate Defender, Sarah M. Singleton, Asst. Appellate Defender, Santa Fe, for defendant-appellant.

Toney Anaya, Atty. Gen., Jay F. Rosenthal, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

HENDLEY, Judge.

This appeal is concerned with the propriety of instructing the jury with regard to the following presumption:

"B. The requisite knowledge or belief that property has been stolen is presumed in the case of an individual or dealer who: "(1) is found in possession or control of property stolen from two [2] or more persons on separate occasions * * *" Section 40A-16...

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