NM UJI 14-5172. Justifiable homicide; defense of another.

NM UJI 14-5172. Justifiable homicide; defense of another.

State: New Mexico

 

New Mexico Uniform Jury Instructions (UJI)

NM UJI 14-5172. Justifiable homicide; defense of another.

Evidence has been presented that the defendant killed __________________ (name of victim) while defending another.

The killing was in defense of another if:

1.  There was an appearance of immediate danger of death or great bodily harm to __________________(person) as a result of __________________(act); and

2.  The defendant believed that __________________(person) was in immediate danger of death or great bodily harm from __________________ (name of victim) and killed __________________ (name of victim) to prevent the death or great bodily harm; and

3.  The apparent danger to __________________(person) would have caused a reasonable person in the same circumstances to act as the defendant did.

The burden is on the state to prove beyond a reasonable doubt that the defendant did not act in defense of another. If you have a reasonable doubt as to whether the defendant acted in defense of another, you must find the defendant not guilty.

[See also New Mexico Rules Annotated (N.M.R.A.) 14-5172.]

By | 2013-01-31T11:07:28+00:00 January 15th, 2013|Comments Off on NM UJI 14-5172. Justifiable homicide; defense of another.