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STATE v. THURMAN

No. 1836.

536 P.2d 1087 (1975)

88 N.M. 31

STATE of New Mexico, Plaintiff-Appellee, v. Winston THURMAN, Jr., Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied May 27, 1975.

Attorney(s) appearing for the Case

John C. Maine, Jr., Martin, Maine & Hilton, P.A., Albuquerque, for appellant.

Toney Anaya, Atty. Gen., Santa Fe, Andrea Buzzard, Asst. Atty. Gen., for appellee.

OPINION

WOOD, Chief Judge.

Defendant falsely endorsed the names of the payees on two financial assistance checks issued by the Department of Health and Social Services. He was convicted of two counts of forgery. Section 40A-16-9, N.M.S.A. 1953 (2d Repl. Vol. 6).

Section 40A-16-9, supra, requires an intent to injure or defraud. Defendant claims there is no substantial evidence of his intent. We disagree. Without considering the State's evidence, the...

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