State v. Jaramillo

OPINION

SUTIN, Judge.

Defendant was convicted of burglary and larceny. Sections 40A-16-3 and 40A-16-1, N.M.S.A. 1953 (2nd Repl.Vol. 6). He appeals.

We affirm.

The indictment charged defendant with burglary and larceny under the statutes, supra in two counts. The particulars in each count stated the crimes were committed in the dwelling house of James Martinez, 1221 Stanford, N.E., Albuquerque, Nezv Mexico.

All evidence offered by the state to prove the criminal offenses established that the events occurred at the residence of Barbara Martinez, 1200 Stanford, N.E.; that no evidence was shown of any…