STATE v. WILBURN

No. 2863.

564 P.2d 1000 (1977)

90 N.M. 436

STATE of New Mexico, Plaintiff-Appellee, v. Dee WILBURN, Defendant-Appellant.

Court of Appeals of New Mexico.

May 3, 1977.


Attorney(s) appearing for the Case

John Paul Gallegos, Santa Fe, for defendant-appellant.

Toney Anaya, Atty. Gen., Ernesto J. Romero, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

WOOD, Chief Judge.

Convicted of fraud in violation of § 40A-16-6, N.M.S.A. 1953 (2d Repl. Vol. 6), defendant appeals. The dispositive issue involves an amendment to the indictment at the close of the State's case-in-chief, and the refusal of the trial court to grant defendant's motion for a continuance after the amendment was granted.

The indictment charged defendant with intentionally misappropriating money in an amount over $2,500...

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