{ "id": 5378386, "name": "The STATE of New Mexico, PlaintiffAppellee, v. Joe CASAREZ, Defendant-Appellant", "name_abbreviation": "State v. Casarez", "decision_date": "1965-09-13", "docket_number": "No. 7745", "first_page": "436", "last_page": "438", "citations": [ { "type": "official", "cite": "75 N.M. 436" }, { "type": "parallel", "cite": "405 P.2d 759" } ], "court": { "name_abbreviation": "N.M.", "id": 8835, "name": "Supreme Court of New Mexico" }, "jurisdiction": { "id": 52, "name_long": "New Mexico", "name": "N.M." }, "cites_to": [ { "cite": "14 N.J. Misc. 322", "category": "reporters:state", "reporter": "N.J. Misc.", "case_ids": [ 578232 ], "opinion_index": 0, "case_paths": [ "/nj-misc/14/0322-01" ] }, { "cite": "184 A. 737", "category": "reporters:state_regional", "reporter": "A.", "opinion_index": 0 }, { "cite": "5 A.2d 419", "category": "reporters:state_regional", "reporter": "A.2d", "opinion_index": 0 }, { "cite": "135 Pa.Super. 367", "category": "reporters:state", "reporter": "Pa. Super.", "case_ids": [ 1017197 ], "opinion_index": 0, "case_paths": [ "/pa-super/135/0367-01" ] }, { "cite": "52 N.M. 229", "category": "reporters:state", "reporter": "N.M.", "case_ids": [ 1579471 ], "weight": 3, "opinion_index": 0, "case_paths": [ "/nm/52/0229-01" ] } ], "analysis": { "cardinality": 274, "char_count": 3449, "ocr_confidence": 0.647, "pagerank": { "raw": 4.03580807328026e-08, "percentile": 0.15858550054462633 }, "sha256": "8a8ce8b549bb494a4262731bca3e5671dfd59e147af1a7899aa4c365d10e7046", "simhash": "1:60c9714786a50c2c", "word_count": 583 }, "last_updated": "2023-07-14T16:36:05.656930+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "CARMODY, C.J., and COMPTON, J., concur." ], "parties": [ "The STATE of New Mexico, PlaintiffAppellee, v. Joe CASAREZ, Defendant-Appellant." ], "opinions": [ { "text": "NOBLE, Justice.\nJoe Casarez, who had previously been convicted of operating a gambling game for money contrary to \u00a7 40-22-2, N.M.S.A. 1953, requested the return of $887.43 confiscated by police officers and held in suspense by the clerk of the district court of Curry County. The trial court found that this was money being used in a gambling game and entered a judgment forfeiting said, money and directing the clerk to deliver it to the county treasurer for the public school fund of the state. Casarez has appealed from the judgment declaring the money forfeited.\nHe first attacks the finding that the money was used in a gambling game as being without substantial support in evidence. We cannot agree. The facts stipulated by the parties substantially support the court\u2019s finding in this respect.\nIt is contended that the court erred in ordering the forfeiture because this money was not an integral part of the gambling paraphernalia, equipment, or devices within the meaning of \u00a7 40-22-8, N.M.S.A. 1953, as construed and applied in State v. Johnson, 52 N.M. 229, 195 P.2d 1017. The parties, however, stipulated that when the police officers stopped the gambling game, a large pile of money was on the gambling table and that when Casarez was searched, no money was found on his person. He was then observed to walk near the table where the money lay and, shortly thereafter, all the money on the table except $14.43 was found to have disappeared. A subsequent search of Casarez resulted in the discovery of $873.00 in his pockets. Defendant asserts that the money had not become a component part of the gambling devices because it was not positively identified as the money used in the game and because it was in his exclusive possession.\nSuch argument flies in the face of reality. Had the money remained on the table, no one would seriously deny its positive identification as an integral part of the gambling paraphernalia. Surely the result cannot be different where it must be obvious that Casarez, after his arrest, removed the money from the table to his pockets.\n[3] We held in State v. Johnson, supra, that money, segregated as gambling paraphernalia, cannot be restored to the former owner, but that such money \u201cwhich has been ear-marked as an integral part of gambling equipment, may be seized as a gambling device.\u201d Defendant attempts to restrict the rule of Johnson narrowly to the facts therein involved and contends that it is limited to situations where money is placed inside a gambling device such as a slot machine and becomes a component part thereof. We do not construe the Johnson rule as confined to such narrow limits. See Fairmount Engine Co. v. Montgomery County, 135 Pa.Super. 367, 5 A.2d 419; Kenny v. Wachenfeld, 184 A. 737, 14 N.J. Misc. 322.\nWe are convinced that the trial court\u2019s conclusion is supported by the evidence and by tHe l\u00e1w, as enunciated by this court in the Johnson case.\nOther questions presented are either disposed of by what has been said or are found to be without merit.\nIt follows that the judgment appealed from should be affirmed.\nIt is so ordered.\nCARMODY, C.J., and COMPTON, J., concur.", "type": "majority", "author": "NOBLE, Justice." } ], "attorneys": [ "Blythe & Norvell, Clovis, for appellant.", "Earl E. Hartley, Atty. Gen., Roy G. Hill, George Richard Schmitt, Asst. Attys. Gen., Santa Fe, for appellee." ], "corrections": "", "head_matter": "405 P.2d 759\nThe STATE of New Mexico, PlaintiffAppellee, v. Joe CASAREZ, Defendant-Appellant.\nNo. 7745.\nSupreme Court of New Mexico.\nSept. 13, 1965.\nBlythe & Norvell, Clovis, for appellant.\nEarl E. Hartley, Atty. Gen., Roy G. Hill, George Richard Schmitt, Asst. Attys. Gen., Santa Fe, for appellee." }, "file_name": "0436-01", "first_page_order": 492, "last_page_order": 494 }