New Mexico Forms Library

Decision Information

Decision Content

14-5140. Excusable homicide.

            Evidence has been presented that the killing of __________________ (name of victim) by defendant occurred by accident or misfortune

[while defendant was __________________ (describe facts), with usual and ordinary caution and without any unlawful intent]

[upon any sudden and sufficient provocation against defendant]

[upon a sudden combat, with no undue advantage taken by defendant, nor any dangerous weapon used and the killing was not done in a cruel or unusual manner].

            If you determine that the defendant killed __________________ (victim), by accident or misfortune you must find him not guilty.

 

USE NOTES

            No instruction on this subject shall be given.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.