STATE v. STAHL

No. 3813.

596 P.2d 275 (1979)

93 N.M. 62

STATE of New Mexico, Plaintiff-Appellee, v. Brian STAHL, Defendant-Appellant.

Court of Appeals of New Mexico.

April 12, 1979.


Attorney(s) appearing for the Case

John B. Bigelow, Chief Public Defender, Michael J. Dickman, Asst. Appellate Defender, Santa Fe, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Michael A. Kauffman, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

WOOD, Chief Judge.

Defendant was convicted of embezzling over $100. To have embezzled the money, defendant must have been entrusted with the money. Section 30-16-8, N.M.S.A. 1978. Defendant contends there is no evidence that he was entrusted with over $100. We agree.

Defendant was a clerk at a store. The store had two cash registers and a drop-box. There was a slit in the counter; money pushed through this slit went into the drop-box. The...

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