State v. Dressel

OPINION

LOPEZ, Judge.

Defendant was charged with fraud pursuant to § 40A-16-6, N.M.S.A. 1953 (2d Repl.Vol. 6) and conspiracy to commit fraud pursuant to § 40A-28-2, N.M.S.A. 1953 (2d Repl.Vol. 6). An alleged co-conspirator, Mary Lou Ward, was charged only with conspiracy. Prior to trial Mary Lou Ward died. At trial the state abandoned the fraud count and proceeded solely on the conspiracy theory. From judgment and sentence against him, defendant raises four points for reversal. In view of our disposition of this case, we need only consider the sufficiency of the evidence of conspiracy.

That…