State v. Linam

OPINION

HENDLEY, Judge.

Convicted of one count of forgery by falsely making a check and one count of forgery by issuing or transferring a forged writing, all being contrary to § 40A-16-9(A) and (B), N.M.S.A.1953 (2d Repl. Vol. 6, 1972) defendant appeals asserting: (1) that the evidence only showed an attempt to issue or transfer a forged writing; (2) the trial court erred in not giving a requested instruction on intoxication; and (3) the trial court erred in not granting a continuance.

Attempt

This issue is raised for the first time on appeal. Since it involves a question of failure of proof it…