STATE v. DAVIS

No. 5419.

643 P.2d 614 (1982)

97 N.M. 745

STATE of New Mexico, Plaintiff-Appellant, v. Herman L. DAVIS, Defendant-Appellee.

Court of Appeals of New Mexico.

March 23, 1982.


Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., William Lazar, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

David L. Hoglund, Hobbs, for defendant-appellee.


OPINION

WOOD, Judge.

The jury verdict was that defendant was guilty of larceny of property (meat) valued in excess of $100.00. Section 30-16-1, N.M.S.A. 1978 (1981 Cum.Supp.). Defendant moved for a judgment of acquittal notwithstanding the verdict. The trial court ruled that the motion was "well taken" and entered a judgment of not guilty, "the verdict of the Jury rendered herein notwithstanding." The State appeals. We (1) identify matters not involved;...

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