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STATE v. ARNOLD

No. 3705.

610 P.2d 1214 (1979)

94 N.M. 385

STATE of New Mexico, Plaintiff-Appellant, v. Hugh ARNOLD, Max Chavez, Roy Christensen, Robert E. Shelton, and Speedway Drive-In Food Stores, Inc., Defendants-Appellees.

Court of Appeals of New Mexico.

July 12, 1979.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Donald B. Monnheimer, James Wechsler, Asst. Attys. Gen., Santa Fe, for plaintiff-appellant.

Robert C. Knight, Moore & Golden, Los Alamos, for defendants-appellees Hugh Arnold and Max Chavez.

John Wentworth, Steven L. Tucker, Jones, Gallegos, Snead & Wertheim, Santa Fe, for defendant-appellee Roy Christensen.

Thomas A. Simons, IV, Sommer, Lawler, Scheuer & Simons, Santa Fe, for defendants-appellees Robert E. Shelton and Speedway Drive-In Food Stores, Inc.

OPINION

SUTIN, Judge.

By grand jury indictment, defendants were charged with restraint of trade in violation of § 57-1-1, N.M.S.A. 1978. Motions to suppress taped recordings, transcriptions and testimony based upon telephone conversations that Edwin A. Kelly had with defendants Arnold and Christensen were sustained and the State appeals. We reverse.

This case involves alleged crimes committed by defendants arising out of an unlawful combination...

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