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STATE v. ORTIZ

No. 2778.

563 P.2d 113 (1977)

90 N.M. 319

STATE of New Mexico, Plaintiff-Appellee, v. Leo ORTIZ, Defendant-Appellant.

Court of Appeals of New Mexico.

April 5, 1977.

Attorney(s) appearing for the Case

Jan A. Hartke, Chief Public Defender, Reginald J. Storment, Appellate Defender, Santa Fe, for defendant-appellant.

Toney Anaya, Atty. Gen., Donald D. Montoya, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

HENDLEY, Judge.

Convicted of embezzlement contrary to § 40A-16-7, N.M.S.A. 1953 (2d Repl. Vol. 6, 1972) defendant appeals asserting the trial court erred in: (1) not dismissing the indictment because it charged in the disjunctive and therefore did not give defendant sufficient notice; and, (2) not directing a verdict because of insufficient evidence. Issues listed in the docketing statement and not briefed on appeal are deemed abandoned.

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