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STATE v. McCLURE

No. 4576.

612 P.2d 232 (1980)

94 N.M. 440

STATE of New Mexico, Plaintiff Appellee, v. Terry Gene McCLURE, Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied May 20, 1980.

Attorney(s) appearing for the Case

John B. Bigelow, Chief Public Defender, Sante Fe, George Z. Guzowski, Asst. Public Defender, Albuquerque, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Sante Fe, John G. McKenzie, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

HENDLEY, Judge.

Summary reversal was proposed. The State has responded by a timely memorandum in opposition, contending that reversal is improper. They have attached the affidavit of the assistant district attorney involved in the case and a partial transcript.

The trial court received a communication from the jury. After consultation with the attorneys involved, the court responded by a written note submitted to the jury through the bailiff...

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