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STATE v. WHEELER

No. 4585.

622 P.2d 283 (1980)

95 N.M. 378

STATE of New Mexico, Plaintiff-Appellee, v. Eric WHEELER, A/K/A Roger O. Edwards, a/k/a Patrick A. Jordan, a/k/a Roger Dale Shipman, Defendant-Appellant.

Court of Appeals of New Mexico.

December 18, 1980.

Attorney(s) appearing for the Case

Thomas Joseph Horne, Albuquerque, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Art Encinias, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

HENDLEY, Judge.

Convicted of one count of fraud under $100.00 contrary to § 30-16-6, N.M.S.A. 1978, four counts of fraud over $100.00 contrary to § 30-16-6, supra, and one count of removal of encumbered property contrary to § 30-16-18, N.M.S.A. 1978, defendant appeals. He contends (1) the trial court erred in concluding that the husband-wife privilege, N.M.R.Evid. 505, N.M.S.A. 1978, could not be claimed by defendant; (2) the...

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