Court of Appeals of New Mexico
Decision Information
AAA v. Bureau of Revenue - cited by 12 documents
State v. Ellenberger - cited by 123 documents
State v. Weber - cited by 203 documents
Decision Content
STATE V. THURMAN, 1975-NMCA-049, 88 N.M.
31, 536 P.2d 1087 (Ct. App. 1975)
CASE HISTORY ALERT: affected by
1981-NMSC-056
STATE of New Mexico, Plaintiff-Appellee,
vs.
Winston THURMAN, Jr., Defendant-Appellant.
No. 1836
COURT OF APPEALS OF NEW MEXICO
1975-NMCA-049, 88 N.M. 31, 536 P.2d 1087
April 30, 1975
Petition for Writ of Certiorari Denied May 27, 1975
COUNSEL
John C. Maine, Jr., Martin, Maine & Hilton, P.A., Albuquerque, for appellant.
Toney Anaya, Atty. Gen., Santa Fe, Andrea Buzzard, Asst. Atty. Gen., for appellee.
JUDGES
WOOD, C.J., wrote the opinion. HENDLEY and SUTIN, JJ., concur.
OPINION
{*32} WOOD, Chief Judge.
{1} Defendant falsely endorsed the names of the payees on two financial assistance checks issued by the Department of Health and Social Services. He was convicted of two counts of forgery. Section 40A-16-9, N.M.S.A. 1953 (2d Repl. Vol. 6).
{2} Section 40A-16-9, supra, requires an intent to injure or defraud. Defendant claims there is no substantial evidence of his intent. We disagree. Without considering the State's evidence, the inferences from defendant's own testimony is substantial evidence of the requisite intent. See State v. Weber, 76 N.M. 636, 417 P.2d 444 (1966).
{3} Defendant also claims he was prosecuted under the wrong statute. He contends § 40A-23-3, N.M.S.A. 1953 (2d Repl. Vol. 6) is a specific statute applicable to the forgery of public vouchers; that § 40A-16-9, supra, is a general forgery statute. Defendant asserts he should have been prosecuted under § 40A-23-3, supra, because the specific statute controls. We disagree.
{4} Section 40A-23-3, supra, is a part of an article headed "MISCONDUCT BY OFFICIALS". This heading was enacted by the Legislature. See Laws 1963, ch. 303, art. 23 at page 886 of the session laws. This legislatively enacted heading shows a legislative intent that § 40A-23-3, supra, applies only to officials. American Automobile Association, Inc. v. Bureau of Revenue, 88 N.M. 148, 538 P.2d 420 (Ct. App.), decided April 23, 1975. Defendant was not an official; § 40A-23-3, supra, was not applicable.
{5} The judgments and sentences are affirmed.
{6} It is so ordered.
HENDLEY and SUTIN, JJ., concur.