Rule 5-609 Submission to jury.

Committee commentary. — Paragraph C of this rule, allowing the exhibits to go to the jury room upon the request of the jury, modifies the holding in State v. Valles, 83 N.M. 541, 494 P.2d 619 (Ct. App. 1972). In that case, the court of appeals held that there was no abuse of discretion by the trial court in refusing to allow exhibits to go to the jury room. Under Paragraph C of this rule, if the jury requests any one exhibit, all exhibits should go in as a way of preventing undue emphasis being placed on one of the exhibits. Because the submission to the jury is automatic upon request under this rule, it is not error for such submission to take place when the defendant and his attorney are not present. State v. Riordan, 86 N.M. 92, 519 P.2d 1029 (Ct. App. 1974). See also, State v. Chavez, 86 N.M. 199, 521 P.2d 1040 (Ct. App.), cert. denied, 86 N.M. 189, 521 P.2d 1030 (1974).