State v. Malouff

OPINION

HENDLEY, Judge.

Defendants were convicted of unlawful taking of a motor vehicle. Section 64-9^4, N.M.S.A. 1953 (Repl. Vol. 9, pt. 2).

Defendants’ second point relating to sufficiency of the evidence is dispositive of this appeal. We reverse for the reasons hereinafter stated.

Defendants contend the trial court’s failure to direct a verdict of acquittal at the close of the State’s case was error. Defendants’ basis for this claim is that when circumstances alone are relied upon, they must point unerringly to defendants and be incompatible with and exclude every reasonable hypothesis other…