Annotated Statutes of New Mexico
Chapter 30 Criminal Offenses (Arts. 1 — 53)
Article 2 Homicide (§§ 30-2-1 — 30-2-9)

30-2-5. Excusable homicide.

Homicide is excusable in the following cases:

A. when committed by accident or misfortune in doing any lawful act, by lawful means, with usual and ordinary caution and without any unlawful intent; or
B. when committed by accident or misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, if no undue advantage is taken, nor any dangerous weapon used and the killing is not done in a cruel or unusual manner.

 

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