State v. Griego

OPINION

WOOD, Chief Judge.

Defendant was convicted of embezzling merchandise samples furnished by his employer. The jury determined the value of the merchandise was over $100 but not more than $2500. Sec. 40A-16-7, N.M. S.A.1953 (2d Repl. Vol. 6). Defendant’s claim that the State failed to prove market value, see U.J.I.Crim. 16.01, is frivolous. There is substantial evidence of market value. Defendant’s claim that the trial court erred in excluding an exhibit is without merit. The trial court excluded the exhibit after the prosecution objected that no foundation had been laid to show the…