New Mexico Uniform Jury Instructions (UJI)

NM UJI 14-5171. Justifiable homicide; self defense.

Evidence has been presented that the defendant killed __________________ (name of victim) in self defense.

The killing is in self defense if:

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

2.  The defendant was in fact put in fear by the apparent danger of immediate death or great bodily harm and killed __________________ (name of victim) because of that fear; 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 act in self defense. If you have a reasonable doubt as to whether the defendant acted in self defense you must find the defendant not guilty.

[See also New Mexico Rules Annotated (N.M.R.A.) 14-5171.]