New Mexico Court of Appeals
596 P.2d 275 (1979)
Stahl (defendant) worked as a store clerk. The store had two cash registers and a drop-box. Money pushed through a slit in the counter was deposited into the drop-box, which was locked with two padlocks. The store manager was the only individual who had keys to the drop-box. When money accumulated in the cash registers, some of it was placed in the drop-box via the slit in the counter. Stahl’s shift was from midnight to 8:00 a.m. During one shift, Stahl was absent from the store around 3:00 a.m., the drop-box had been pried opened, and money taken along with money from a cash register, totaling about $612. Stahl was charged with, and convicted of, embezzlement of over $100. Stahl appealed.
Rule of Law
Holding and Reasoning (Wood, C.J.)
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