Legal Opinion

State v. Ross

New Mexico Court of Appeals

Decided May 4, 1973No. 1092PublishedCited by 10 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

Defendant appeals his conviction of bribery of a witness in violation of § 40A-24-3(A), N.M.S.A.1953 (2d Repl.Vol. 6). The dispositive issue concerns the trial court allowing the jury to listen to a tape recording after the case had been submitted to the jury for decision.

A portion of a tape recording was admitted into evidence, over defendant’s objection, and played to the jury. The tape is of a conversation involving several persons. There is evidence that one of the voices recorded on the tape is the voice of defendant.

When the State rested its case, a juror…

2Cases cited8 opinions

  1. State v. LordNew Mexico Supreme Court · 1938
  2. State v. GutierrezNew Mexico Court of Appeals · 1967
  3. State v. MascarenasNew Mexico Court of Appeals · 1972
  4. State v. BealNew Mexico Supreme Court · 1944
  5. State v. DicksonNew Mexico Court of Appeals · 1971

3 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. State v. ClarkOhio Supreme Court · 1988
  2. Chambers v. StateWyoming Supreme Court · 1986
  3. State v. CouchIdaho Court of Appeals · 1982
  4. State v. FriedNew Mexico Court of Appeals · 1978
  5. State v. Robert Javier Garcia, Jr.Idaho Court of Appeals · 2014

5 more not listed; retrieve them via the Exa API.

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