State v. Duran

OPINION

WOOD, Chief Judge.

Rudy Duran and Sadie Peralta were convicted of larceny of money exceeding $100.00 but less than $2,500.00. Section 40A-16-1, N.M.S.A.1953 (2d Repl. Vol. 6). Duran appeals, claiming his conviction is not supported by substantial evidence.

The larceny was a “till tap”; the money was taken from the cash drawer of a motel on North 4th Street in Albuquerque. The evidence is that Sadie Peralta took the money. Duran’s conviction is on the basis that he was an aider and abettor.

Duran was outside the motel holding Peralta’s baby. After leaving the motel Peralta went up to…