OPINION
HERNANDEZ, Judge.
Defendant was indicted and convicted of rape in violation of Section 40A-9-2, N.M.S.A. 1953 (2d Repl. Vol. 6, Supp. 1973). He appeals alleging five points of error. We reverse.
We consider only point two as it is dispositive of this appeal. Defendant's second point is that the trial court erred in refusing to declare a mistrial because one juror did not understand the proceedings.
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