State v. Gallegos

OPINION

HERNANDEZ, Judge.

Defendant was indicted and convicted of rape in violation of Section 40A-9-2, N. M.S.A.19S3 (2d Repl. Vol. 6, Supp. 1973). He appeals alleging five points of error. We reverse.

We consider only point two as it is dis-positive of this appeal. Defendant’s second point is that the trial court erred in refusing to declare a mistrial because one juror did not understand the proceedings.

Shortly after the jury began its deliberations the foreman sent the following note to the court: “One of the jurors is acquainted with one of the parties in question, and, consequently, we…