State v. Wilburn

OPINION

WOOD, Chief Judge.

Convicted of fraud in violation of § 40A-16-6, N.M.S.A. 1953 (2d Repl. Vol. 6), defendant appeals. The dispositive issue involves an amendment to the indictment at the close of the State’s case-in-chief, and the refusal of the trial court to grant defendant’s motion for a continuance after the amendment was granted.

The indictment charged defendant with intentionally misappropriating money in an amount over $2,500.00 by means of fraudulent conduct. The indictment charged that the offense occurred on or about May 10, 1976.

The evidence introduced during the State’s case…