New Mexico Court of Appeals November 22, 1972, 985 (State v. Herrod)

OPINION

HERNANDEZ, Judge.

Defendant was indicted on two counts: unlawful taking of a vehicle without the consent of the owner, § 64 — 9-4, N.M.S.A. 1953 (2d Repl.Vol. 9, pt. 2); and, unlawful possession of a vehicle knowing the same had been stolen or unlawfully taken, § 64— 9-5, N.M.S.A.1953 (2d Repl.Vol. 9, pt. 2). The first count was dismissed and defendant was convicted on the second.