STATE v. JONES

No. 364.

461 P.2d 235 (1969)

80 N.M. 753

STATE of New Mexico, Plaintiff-Appellee, v. Clifford JONES and Charles Mitchell, Defendants-Appellants.

Court of Appeals of New Mexico.

October 31, 1969.


Attorney(s) appearing for the Case

William J. Schnedar, Frazier, Cusack & Schnedar, Roswell, for appellant Jones.

Paul Kelly, Jr., Hinkle, Bondurant & Christy, Roswell, for appellant Mitchell.

James A. Maloney, Atty. Gen., Santa Fe, Oliver H. Miles, Asst. Atty. Gen., for appellee.


OPINION

HENDLEY, Judge.

Defendants appeal their conviction of armed robbery. Section 40A-16-2, N.M.S.A. 1953 (Repl. Vol. 6).

Defendants raise three separate points for reversal. Their third point that "The trial court erred in denying a mistrial following the prosecutor's comment on Defendants' failure to testify" is dispositive of this appeal and we reverse for the reasons hereinafter stated.

In his closing argument to the jury the district...

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