See People v. Underwood, 61 Cal.2d 113, 37 Cal.Rptr. 313, 389 P.2d 937 (1964) (en banc); People v. Newman, 30 Ill.2d 419, 197 N.E.2d 12 (1964). Contra, State v. Paul, 83 N.M. 619, 495 P.2d 797 (1972); People v. Bradford, 10 Mich. App. 696, 160 N.W.2d 373 (1968), cert. denied, 394 U.S. 1022, 89 S.Ct. 1638, 23 L.Ed.2d 48 (1969). See also Comment, The Right of a Criminal Defendant To Object to the Use of Testimony Coerced From a Witness, 57 Nw.U.L.Rev. 549 (1962); Note, 58 Geo. L.J. 621 (1970).

Thus, this error was clearly harmless. See State v. Paul, 83 N.M. 619, 621, 495 P.2d 797, 799 (Ct.App. 1972) (concluding that because the testimony of a witness who was not sequestered related only to charge of which defendant was acquitted, not charge of which defendant was convicted, any error in allowing witness to remain was harmless). CONCLUSION

{51} Moreover, Defendant provides no support for his assertion that the jury improperly heard evidence that served to prejudice it against Defendant because he has failed to make any showing of such prejudice. See State v. Paul, 83 N.M. 619, 621-622, 495 P.2d 797 (Ct.App. 1972) (rejecting the defendant's contention that, when he was convicted of armed robbery and acquitted of attempted murder, the attempted murder charge received over-emphasis and poisoned the mind of the jury because the defendant failed to make an affirmative showing of prejudice). Finally, Defendant failed to preserve this argument because he failed to move for severance or to object to the evidence introduced at trial.

Jackson has been followed or referred to in New Mexico at least twelve times. State v. Lujan, 87 N.M. 400, 534 P.2d 1112 (1975); State v. Barnett, supra; State v. LaCour, supra; State v. Gurule, supra; State v. Paul, 83 N.M. 619, 495 P.2d 797 (Ct.App. 1972); State v. Cranford, supra; State v. Gruender, 83 N.M. 327, 491 P.2d 1082 (Ct.App. 1971); State v. LeMarr, 83 N.M. 18, 487 P.2d 1088 (1971); State v. Burk, 82 N.M. 466, 483 P.2d 940 (Ct.App. 1971); State v. Word, 80 N.M. 377, 456 P.2d 210 (Ct.App. 1969); State v. Ortega, supra; Pece v. Cox, 74 N.M. 591, 396 P.2d 422 (1964). Although the judge need not make formal findings of fact or write an opinion, his conclusion that the confession is voluntary must appear from the record with unmistakable clarity.

Instructions are sufficient if, considered as a whole, they fairly present the issues and the applicable law. State v. Paul, 83 N.M. 619, 495 P.2d 797 (Ct.App. 1972). The instructions on intent, considered as a whole, were sufficient.

Instructions are to be considered as a whole; all elements of the offense need not be contained in one instruction. State v. Paul, 83 N.M. 619, 495 P.2d 797 (Ct.App. 1972). Since the essential elements of robbery are covered in the instructions, if defendant considered certain of the elements should have been defined, he should have raised the issue in the trial court.

We have reviewed the record and find there was substantial evidence of guilt of Rodriguez as charged. State v. Paul, 83 N.M. 619, 495 P.2d 797 (Ct.App. 1972). Affirmed.