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STATE v. CARLTON

No. 428.

473 P.2d 367 (1970)

81 N.M. 753

STATE of New Mexico, Plaintiff-Appellee, v. Dennis Paul CARLTON and Pearl Diana Carlton, Defendants-Appellants.

Court of Appeals of New Mexico.

July 31, 1970.

Attorney(s) appearing for the Case

David W. Bonem, Dan B. Buzzard, Clovis, for defendants-appellants.

James A. Maloney, Atty. Gen., Ray Shollenbarger, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

HENDLEY, Judge.

Defendants, husband and wife, appeal their conviction of second degree murder. We reverse.

Cautionary instruction.

Defendants claim error in the court's refusal to give their tendered instruction which states:

"Evidence has been received of a statement a defendant made after his arrest and outside the hearing and presence of his codefendant [sic]. "This statement can be considered only as...

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