Legal Opinion
State v. Moss
New Mexico Court of Appeals
Decided July 30, 1971No. 662PublishedCited by 37 opinions
1Opinion of the Court
OPINION
WOOD, Chief Judge.
Convicted of embezzlement, § 40A-16-7, N.M.S.A.1953 (Repl. Vol. 6), defendant appeals. Three of the five points raised concern the elements of embezzlement. The fourth point challenges the sufficiency of the evidence; the fifth point asserts the jury should have been instructed on the lesser offense of attempted embezzlement.
Elements of embezzlement.
Section 40A-16-7, supra, states in part:
“Embezzlement consists of the embezzling or converting to his own use of anything of value, with which he has been entrusted, with fraudulent intent to deprive the owner thereof.”…
2Cases cited13 opinions
- State v. PrinceNew Mexico Supreme Court · 1948
- State v. ShroyerNew Mexico Supreme Court · 1945
- State v. AustinNew Mexico Court of Appeals · 1969
- State v. DennisNew Mexico Court of Appeals · 1969
- State v. AllenNew Mexico Supreme Court · 1967
8 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- State Ex Rel. Udall v. Colonial Penn InsuranceNew Mexico Supreme Court · 1991
- State v. WoodNew Mexico Court of Appeals · 1994
- State v. WoodNew Mexico Court of Appeals · 1994
- State v. SchifaniNew Mexico Court of Appeals · 1978
- State v. MeltonNew Mexico Court of Appeals · 1984
32 more not listed; retrieve them via the Exa API.