STATE V. SHUEMAK, 1971-NMCA-113, 83 N.M. 5, 487 P.2d 915 (Ct. App. 1971)
STATE OF NEW MEXICO, Plaintiff-Appellee,
vs.
CARL SHUEMAK, Defendant-Appellant
No. 673
COURT OF APPEALS OF NEW MEXICO
1971-NMCA-113, 83 N.M. 5, 487 P.2d 915
July 23, 1971
Appeal from the District Court of Bernalillo County, MacPherson, Judge
COUNSEL
STEPHEN G. DURKOVICH, Albuquerque, New Mexico, Attorney for Appellant.
DAVID L. NORVELL, Attorney General, JAMES B. MULCOCK, Jr., Assistant Attorney General, Santa Fe, New Mexico, Attorneys for Appellee.
JUDGES
SUTIN, Judge, wrote the opinion.
WE CONCUR:
Joe W. Wood, C.J., William R. Hendley, J.
OPINION
SUTIN, Judge.
{1} 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.
{2} The judgment and sentence is reversed. Shuemak is discharged.
{3} IT IS SO ORDERED.
WE CONCUR:
Joe W. Wood, C.J., William R. Hendley, J.