State v. Cruz

OPINION

HENDLEY, Judge.

Convicted of receiving stolen property in excess of the value of twenty-five hundred dollars contrary to § 40A-16-11, N.M.S.A. 1953 (2d Repl.Vol.1972) defendant appeals. Defendant’s point on appeal is that the trial court "... committed fundamental error in delivering its shotgun instruction to the jury.” We affirm.

The jury retired at 4:55 p. m. and deliberated until 6:40 p. m. when it recessed until 8:00 p. m. It then deliberated until 10:30 p. m. at which time the trial court delivered a shotgun instruction. The vote of the jury was nine to three.

The jury then retired…