STATE v. PEREA

No. 4505.

626 P.2d 851 (1981)

95 N.M. 777

STATE of New Mexico Plaintiff-Appellee, v. Joe PEREA, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied April 1, 1981.


Attorney(s) appearing for the Case

Donald Montoya and Dennis Murphy, Montoya, Murphy & Kauffman, Santa Fe, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Reginald J. Storment, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

WALTERS, Judge.

Charged on an open count of murder, defendant was convicted of murder in the second degree. His appeal lists ten points of error, some of which are further divided into subpoints. We need not respond to all of the issues raised because we are persuaded that, because of improper communications with and among the jury members, it was error to deny a new trial to defendant.

On the eighth day after trial began and as the State...

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