State v. Robertson

OPINION

WOOD, Chief Judge.

Convicted of larceny over $2,500.00, defendant appeals. Section 40A-16-1, N.M.S. A.1953 (2d Repl. Vol. 6). The issues on appeal involve: (1) continuance; (2) sufficiency of the evidence; and (3) a refused instruction.

Continuance

Immediately before the trial began defendant orally moved that the trial setting be vacated so as to enable defendant to have a polygraph examination. No evidence was offered in support of the motion. The hearing on the motion consisted entirely of representations of counsel. The trial court denied the motion. Its -reason for doing so was that…