New Mexico Uniform Jury Instructions (UJI)

NM UJI 14-5174. Justifiable homicide; aiding public official.

Evidence has been presented that the killing of ________________________ (name of victim) was justifiable homicide by a person aiding a public officer or public employee if:

1.  At the time of the killing, ________________________ (name of defendant) was acting at the command and in the aid or assistance of a public officer or employee;

2.  The killing was committed while

[overcoming the actual resistance of ________________________ (victim) to the execution of ________________________(legal process)]

[overcoming the actual resistance of ________________________ (victim) to the discharge of ________________________(legal duty)]

[retaking [______________________________ (name of victim)] [a person], who committed ________________________ and who had [been rescued]5 [escaped__

[arresting [______________________________ (name of victim)] [a person] who committed ________________________(crime) and was fleeing from justice]

[attempting to prevent the escape from ______________________________(custody) of [______________________________ (name of victim)] [a person], who committed ________________________(felony)]; and

3.  A reasonable person in the same circumstances as ________________________ (name of defendant) would have reasonably believed that ________________________ (name of victim) posed a threat of death or great bodily harm to ________________________ (name of public officer or public employee) or another person.

The burden is on the state to prove beyond a reasonable doubt that the killing was not justifiable. If you have a reasonable doubt as to whether the killing was justifiable, you must find the defendant not guilty.

[See also New Mexico Rules Annotated (N.M.R.A.) 14-5174.]