State v. Brugger

OPINION

COWAN, Judge.

Defendants appeal following their conviction for unlawful possession of a dangerous drug contrary to § 54-6-38(B) (3), N.M.S.A.1953 (Repl.Vol. 8, pt. 2, Supp. 1971). Under Points IV and V, which are dispositive of this appeal, defendants complain of the court’s communicating with the jury in their absence after deliberations had begun and before the verdict was returned.

We reverse.

Defendants learned of the communication after the verdict and filed a motion requesting the court to certify the record as to the details of the communication. The court responded as follows:

“IN…