STATE v. ROSS

No. 1572.

536 P.2d 265 (1975)

88 N.M. 1

STATE of New Mexico, Plaintiff-Appellee, v. Frankie Mae Ross, Defendant-Appellant.

Court of Appeals of New Mexico.

May 14, 1975.


Attorney(s) appearing for the Case

Betty Read, Albuquerque, for defendant-appellant.

Toney Anaya, Atty. Gen., Santa Fe, Ira S. Robinson, Special Asst. Atty. Gen., Albuquerque, Louis Druxman, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

LOPEZ, Judge.

Defendant was convicted of robbery contrary to § 40A-16-2, N.M.S.A. 1953 (2d Repl. Vol. 6, Supp. 1973), and she appeals. We reverse.

It is undisputed that the complaining witness met the defendant at a bar in Hobbs, that he bought her a drink, that he drove her to a place where they engaged in some sort of sexual activity, and that some of his money wound up in the possession of the defendant. The jury determined that a...

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