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STATE v. ROSS

No. 1092.

510 P.2d 109 (1973)

85 N.M. 176

STATE of New Mexico, Plaintiff-Appellee, v. John A. ROSS, Defendant-Appellant.

Court of Appeals of New Mexico.

May 4, 1973.

Attorney(s) appearing for the Case

Joseph D. Beaty, Donald Klein, Jr., Albuquerque, for appellant.

David L. Norvell, Atty. Gen., Santa Fe, Jay F. Rosenthal, Sp. Asst. Atty. Gen., for appellee.

OPINION

WOOD, Chief Judge.

Defendant appeals his conviction of bribery of a witness in violation of § 40A-24-3(A), N.M.S.A. 1953 (2d Repl.Vol. 6). The dispositive issue concerns the trial court allowing the jury to listen to a tape recording after the case had been submitted to the jury for decision.

A portion of a tape recording was admitted into evidence, over defendant's objection, and played to the jury. The tape is of a conversation involving...

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