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STATE v. BRYANT

No. 5857.

655 P.2d 161 (1982)

99 N.M. 149

STATE of New Mexico, Plaintiff-Appellant, v. Ken BRYANT, Defendant-Appellee.

Court of Appeals of New Mexico.

November 23, 1982.

Attorney(s) appearing for the Case

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

J.W. Anderson, Carlsbad, for defendant-appellee.

OPINION

DONNELLY, Judge.

Does the term "stolen" as utilized in the statute declaring it to be a crime to receive stolen property contrary to § 30-16-11, N.M.S.A. 1978, encompass "embezzled" property? We hold that it does not.

The State appeals an order of the trial court which dismissed, prior to trial, a criminal complaint charging the defendant Ken Bryant with receiving stolen property having a value in excess of $2,500.00.

For the...

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