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Citations - New Mexico Laws and Court Rules
Rule Set 14 - Uniform Jury Instructions — Criminal - cited by 1,769 documents

Decision Content

14-7018. Life imprisonment without possibility of release or parole proceeding; aggravating circumstances; murder during attempt to escape from penal institution; essential elements.1

The state has charged the aggravating circumstance of murder with the intent to attempt to escape from a penal institution. Before you may find the aggravating circumstance of murder while attempting to escape from a penal institution, you must find that the state has proved to your satisfaction beyond a reasonable doubt each of the following elements:

1.   While attempting to escape from ________________________ (name of penal institution), the defendant committed the murder of ________________________ (name of victim);2 and

2.   The defendant had the intent to kill.

USE NOTES

1.   This instruction is to be used only in a life imprisonment without possibility of release or parole proceeding.

2.   The court shall give the applicable essential elements instruction modified in the manner illustrated by UJI 14-140 NMRA, Underlying felony offense; sample instructions. Instructions required to be given with the essential elements instruction, including definitions, must also be given.

[As amended, effective August 1, 2001; as amended by Supreme Court Order No. 21-8300-008, effective for all cases filed or pending on or after December 31, 2021.]

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