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ARNOLD v. STATE

Nos. 12638, 12641 and 12645.

610 P.2d 1210 (1980)

94 N.M. 381

Hugh ARNOLD and Max Chavez, Petitioners, v. STATE of New Mexico, Respondent. Robert E. SHELTON and Speedway Drive-In Food Stores, Inc., Petitioners, v. STATE of New Mexico, Respondent. Roy CHRISTENSEN, Petitioner, v. STATE of New Mexico, Respondent.

Supreme Court of New Mexico.

March 11, 1980.

Attorney(s) appearing for the Case

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

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

Jeff Bingaman, Atty. Gen., Donald B. Monheimer, Asst. Atty. Gen., Santa Fe, for State of New Mexico.

Jones, Gallegos, Snead & Wertheim, Steven L. Tucker, Santa Fe, for Roy Christensen.

OPINION

FEDERICI, Justice.

Three cases have reached us on appeal. They all arise out of the same cause of action and present the same issue and are therefore consolidated in this opinion.

Defendants were charged with restraint of trade contrary to § 57-1-1, N.M.S.A. 1978, by grand jury indictments.

The question presented for review is whether the State's interception of the defendants' conversations on the telephone violated the Abuse...

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