NM NMRA 14-5184. Defense of another; deadly force by defendant.

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NEW MEXICO RULES ANNOTATED (N.M.R.A.)

Uniform Jury Instructions — Criminal

Chapter 51. Justification and Defense

Part J. Nonhomicidal Defense of Self, Others or Property

NM NMRA 14-5184. Defense of another; deadly force by defendant.1 

Evidence has been presented that the defendant acted while defending another person.

The defendant acted in defense of another if:

1.  There was an appearance of immediate danger of death or great bodily harm2 to __________________3 as a result of __________________4; and

2.  The defendant believed that __________________3 was in immediate danger of death or great bodily harm from __________________ (name of victim) and __________________5 to prevent the death or great bodily harm; and

3.  The apparent danger to __________________3 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 __________________3. If you have a reasonable doubt as to whether the defendant acted in defense of another, you must find the defendant not guilty.

USE NOTE

1.  For use in nonhomicide cases when the defense theory is based upon: a reasonable ground to believe a design exists to commit a felony; a reasonable ground to believe a design exists to do great bodily harm; or a defense of spouse or other member of the family, a necessary defense against any unlawful action. If this instruction is given, add to the essential elements instruction for the offense charged, “The defendant did not act in defense of __________________”3.

2.  The definition of great bodily harm, UJI 14-131, must be given if not already given.

3.  Give the name of the person in apparent danger, if known, and the relationship to defendant, if any. More than one person may be included.

4.  Describe the unlawful act, felony or act which would result in death or some great bodily harm as established by the evidence. Give at least enough detail to put the act in the context of the evidence.

5.  Describe the act of defendant; e.g. “struck Richard Roe”, “choked Richard Roe”.

[See also New Mexico Uniform Jury Instructions (U.J.I.) 14-5184.]