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STATE v. RODRIQUEZ

No. 12798.

617 P.2d 1316 (1980)

94 N.M. 801

STATE of New Mexico, Plaintiff-Appellee, v. Henry RODRIQUEZ, Defendant-Appellant.

Supreme Court of New Mexico.

October 23, 1980.

Attorney(s) appearing for the Case

Larry R. Hill, Alamogordo, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Arthur Encinias, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

SOSA, Chief Justice.

Defendant was convicted of first-degree murder. On appeal he claims he was denied his right to a fair trial by an impartial jury because one juror failed to disclose that he was the neighbor of a close relative of one of defendant's victims.

During voir dire the trial judge asked if any of the jurors knew the victims or their families. One juror answered:

Some of the people happen to be neighbors of ours.

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