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New Mexico Court of Appeals, 1971

State v. Shuemak

State v. Shuemak
New Mexico Court of Appeals · Decided July 23, 1971 · Hendley, Sutin, Wood
83 N.M. 5; 487 P.2d 915

State v. Shuemak

Opinion of the Court

OPINION

SUTIN, Judge.

Shuemak was convicted of burglary and larceny in the event described in State v. Phillips (Ct.App.) 83 N.M. 5, 487 P.2d 915, decided July 23, 1971. In this case, the neighbor testified that only three men placed the television set back on top of the car after it fell off. The record does not contain any evidence to identify Shuemak as a participant in the burglary and larceny.

The judgment and sentence is reversed. Shuemak is discharged.

It is so ordered.

WOOD, C. J., and HENDLEY, J., concur.

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