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STATE v. ELLENBERGER

No. 13449.

629 P.2d 1216 (1981)

96 N.M. 287

STATE of New Mexico, Petitioner, v. Norman ELLENBERGER, Respondent.

Supreme Court of New Mexico.

May 21, 1981.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Fred Chris Smith, Stephen J. Westheimer, Asst. Attys. Gen., Santa Fe, for petitioner.

Leon Taylor, Albuquerque, for respondent.

Eloy F. Martinez, Dist. Atty., Santa Fe, amicus curiae.

OPINION

EASLEY, Chief Justice.

Norman Ellenberger was indicted by a grand jury on ten counts of fraud in excess of $100 in violation of Section 30-16-6, N.M.S.A. 1978, and twelve counts of making false public vouchers contrary to Section 30-23-3, N.M.S.A. 1978. The trial court dismissed all the charges involving alleged false vouchers. The State filed an interlocutory appeal as to dismissal of those counts to the Court of Appeals, which affirmed. We granted...

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