STATE v. MAES

No. 409.

469 P.2d 529 (1970)

81 N.M. 550

STATE of New Mexico, Plaintiff-Appellee, v. Arthur MAES and Emma Felix, Defendants-Appellants.

Court of Appeals of New Mexico.

April 17, 1970.


Attorney(s) appearing for the Case

Warren O.F. Harris, King & Harris, Albuquerque, for appellant Maes.

Ramon Lopez, Albuquerque, for appellant Felix.

James A. Maloney, Atty. Gen., Santa Fe, F. Stephen Boone, Asst. Atty. Gen., for plaintiff-appellee.


OPINION

WOOD, Judge.

Each defendant was convicted of two unlawful sales of heroin. Both appeal. The issues: (1) lack of advice of rights when the accusatory stage was reached; (2) use of a surprise witness; (3) admissibility of two recordings; (4) sufficiency of the evidence; and (5) improper communication with the jury and misconduct of a juror.

Lack of advice of rights.

An informer purchased heroin on successive days. Maes claims...

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