[Download] "State v. Scott" by New Mexico Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: State v. Scott
- Author : New Mexico Court of Appeals
- Release Date : January 01, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 47 KB
Description
The instructions given are U.J.I. Crim. 2.10 (second degree murder) and U.J.I. Crim. 2.20 (voluntary manslaughter). Neither instruction refers to malice. Both by objections to these instructions and by requested instructions which were refused, defendant contended the jury must be instructed that second degree murder was a killing with malice and that voluntary manslaughter was a killing without malice. Compare § 40A-2-1 with § 40A-2-3, N.M.S.A. 1953 (2d Repl. Vol. 6). The prosecutor agreed with defendants contention. See, however, State v. Hamilton, 89 N.M. 746, 557 P.2d 1095 (1976).
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