(Download) "State V. Smith" by New Mexico Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: State V. Smith
- Author : New Mexico Court of Appeals
- Release Date : January 18, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Convicted of voluntary manslaughter, defendant appeals. The contention that defendant could not be charged as a principal and convicted on the basis of being an accomplice is answered by § 40A-1-14, N.M.S.A. 1953 (2d Repl. Vol. 6) and State v. Nance, 77 N.M. 39, 419 P.2d 242 (1966), cert. denied, 386 U.S. 1039, 87 S. Ct. 1495, 18 L. Ed. 2d 605 (1967). The contention that there is no proof that the crime occurred in New Mexico is frivolous. The only inference from the evidence is that the killing occurred in New Mexico. We discuss four items: (1) the distinction between second degree murder and voluntary manslaughter; (2) instructions concerning manslaughter; (3) sufficiency of the evidence to sustain the manslaughter conviction; and (4) evidence of an aborted plan for flight.
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