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STATE v. GRAFF

No. 10823.

611 P.2d 196 (1980)

The STATE of Nevada, Appellant, v. Joy GRAFF, Respondent.

Supreme Court of Nevada.

May 22, 1980.

Attorney(s) appearing for the Case

Richard H. Bryan, Atty. Gen., Carson City, and David B. Small, Dist. Atty., Carson City, for appellant.

Carl F. Martillaro, Carson City, for respondent.

OPINION

GUNDERSON, Justice:

Respondent was tried by a jury on six counts of unlawful possession of drugs. She was convicted on four counts; acquitted on two counts. Ascertaining that the trial judge had communicated with jurors during deliberations, Judge McKibben ordered a new trial. The State appeals, arguing that no prejudice to respondent had been shown.

The communication by the trial judge was not upon an extraneous matter. The jurors agreed...

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