New Mexico Court of Appeals July 31, 1970, No. 428 (State v. Carlton)

OPINION

HENDLEY, Judge.

Defendants, husband and wife, appeal their conviction of second degree murder. We reverse.

Cautionary instruction.

Defendants claim error in the court’s refusal to give their tendered instruction which states:

“Evidence has been received of a statement a defendant made after his arrest and outside the hearing and presence of his codefendant [sic],

“This statement can be