New Mexico Uniform Jury Instructions (UJI)

NM UJI 14-5170. Justifiable homicide; defense of habitation.

Evidence has been presented that the defendant killed __________________ (name of victim) while attempting to prevent a __________________(felony) in the defendant’s __________________(place).

A killing in defense of __________________(place) is justified if:

1.  The __________________(place) was being used as the defendant’s dwelling; and

2.  It appeared to the defendant that the commission of __________________(felony) was immediately at hand and that it was necessary to kill the intruder to prevent the commission of __________________(felony); and

3.  A reasonable person in the same circumstances as the defendant would have acted as the defendant did.

The burden is on the state to prove beyond a reasonable doubt that the defendant did not kill in defense of __________________(place). If you have a reasonable doubt as to whether the defendant killed in defense of __________________(place), you must find the defendant not guilty.

[See also corresponding New Mexico Rule Annotated (N.M.R.A.) 14-5170.]