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STATE v. McCARTER

No. 12341.

604 P.2d 1242 (1980)

93 N.M. 708

STATE of New Mexico, Plaintiff-Appellee, v. Clifford Leo McCARTER, Defendant-Appellant.

Supreme Court of New Mexico.

January 9, 1980.

Attorney(s) appearing for the Case

Sarah M. Singleton, Santa Fe, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Walter G. Lombardi, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

FEDERICI, Justice.

Appellant was convicted of first degree murder and appeals. Appellant has presented five issues for our determination:

POINT I: Did the trial court err in refusing to grant a mistrial because the judge communicated with the jury in open court, but in the absence of the defendant, concerning the numerical division of the jury? POINT II: Did the trial court err in excluding evidence of a plea of guilty of aggravated...

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