State v. Phillips

OPINION

WOOD, Chief Judge.

Convicted of burglary and larceny of personal property of a value over $100 but less than $2500, defendant appeals. Section 40A-16-3, N.M.S.A.1953 (Repl.Vol. 6) and § 40A-16-1, N.M.S.A.1953 (Repl.Vol. 6, Supp.1969). There are two issues: (1) sufficiency of the circumstantial evidence to sustain the convictions and (2) sufficiency of the evidence as to the value of the stolen items. We hold the evidence is insufficient to sustain the burglary conviction. We affirm the larceny conviction.

Circumstantial evidence.

A residence was burglarized; two television sets, jewelry…