New Mexico Forms Library

Decision Information

Form 14-211. Second-degree murder; voluntary manslaughter not lesser included offense; essential elements

Collection New Mexico Forms Library
Form Type Jury Instructions
Citations - New Mexico Laws and Court Rules
Rule Set 14 - Uniform Jury Instructions — Criminal - cited by 1,766 documents

Decision Content

14-211. Second-degree murder; voluntary manslaughter not lesser included offense; essential elements.1

For you to find the defendant guilty of second-degree murder [as charged in Count __________]2, the state must prove to your satisfaction beyond a reasonable doubt each of the following elements of the crime:

1.         The defendant killed __________________ (name of victim);

2.         The defendant knew that [his] [her] acts created a strong probability of death or great bodily harm3 to __________________ (name of victim) [or any other human being]4;

3.         This happened in New Mexico on or about the _________________ day of ___________________, __________________.5

 

USE NOTES

1.         This instruction is to be used only when second-degree murder is the lowest degree of homicide to be considered by the jury.

2.         Insert the count number if more than one count is charged.

3.         UJI 14-131 NMRA, the definition of great bodily harm, must be given.

4.         Use this bracketed phrase when the intent was directed to someone other than  the victim. In such a case, UJI 14-255 NMRA must also be given.

5.         UJI 14-141 NMRA, general criminal intent, must also be given.

[As amended by Supreme Court Order No. 10-8300-039, effective December 31, 2010; as amended by Supreme Court Order No. 18-8300-012, effective for all cases pending or filed on or after December 31, 2018.]

 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.