(specially concurring).
I concur in the opinion of Chief Judge Wood.
In State v. Alderete, 86 N.M. 176, 521 P.2d 138 (Ct.App.1974), this court held that polygraph examinations were admissible in evidence because there was general scientific acceptance of such tests under the standards mentioned in the opinions.
On September 20, 1974, the Supreme Court in State v. Lucero, 86 N.M. 686, 526 P.2d 1091, 1093 (1974) ruled as follows:
To the extent that the opinions in State v. Alderete, [supra], departed from this rule, they are hereby overruled.
Lucero did not determine whether the polygraph examination was now acceptable generally in the field of scientific development. Neither did it consider Rule 702 of the new Rules of Evidence. Section 20-4-702, N.M.S.A.1953 (Repl.Vol. 4, 1973 Supp.).
On October 23, 1973, prior to the decisions, supra, the trial court denied admission of the polygraph examination in the instant case because the state objected to its admission. It seems incongruous that an expert’s testimony under an acceptable scientific test shall be excluded because opposing counsel object.
If the Supreme Court still believes that “the reliability of polygraph examinations is so doubtful 1 * * * that the procedure has not gained general acceptance in the particular field in which it belongs * * * > ” (State v. Chavez, 82 N.M. 238, 239, 478 P.2d 566, 567 (Ct.App.1970), if seems incongruous that polygraph examinations should be admitted under any circumstances, for the state or for the defendant.
This theory began in New Mexico in 1961. State v. Trimble, 68 N.M. 406, 362 P.2d 788 (1961). It is closing one’s eyes to scientific progress to conclude fourteen years later that the old rule as to admissibility of polygraph evidence has not changed, particularly in view of scientific acceptance of appropriately obtained polygraph evidence and its implicit recognition by the new Rules of Evidence.