[Download] "State V. Higgins" by New Mexico Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: State V. Higgins
- Author : New Mexico Court of Appeals
- Release Date : January 16, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Defendant appeals from his convictions on three counts of fraud over $2,500, three counts of fraud over $100, one count of attempt to commit fraud over $20,000, and one count of forgery. The events on which the counts were based occurred in late 1985 and early 1986. We discuss (1) the sufficiency of the evidence as to counts I and II; (2) whether defendant should have been prosecuted under the Worthless Check Act (the Act), see NMSA 1978, Sections 30-36-1 to -9 (Repl. Pamp.1987), rather than the general fraud statute, see 1979 N.M. Laws ch. 119, Section 1 (codified as NMSA 1978, Section 30-16-6 (Repl. Pamp.1984); amended by 1987 N.M. Laws ch. 121, Section 2); (3) the sufficiency of the evidence as to counts III and IV; (4) whether defendant was denied due process and a fair trial because the trial court permitted testimony concerning other misrepresentations by defendant; (5) whether defendant was deprived of due process and a fair trial because the trial court denied his motion for a mistrial; and (6) whether the evidence was sufficient to sustain a conviction as to counts V and VI. For the reasons discussed below, we affirm in part and reverse in part.