[DOWNLOAD] "State v. Romero" by New Mexico Court of Appeals # eBook PDF Kindle ePub Free

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eBook details

• Title: State v. Romero
• Author : New Mexico Court of Appeals
• Release Date : January 19, 1998
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

APPEAL FROM THE DISTRICT COURT OF UNION COUNTY Peggy J. Nelson, District Judge {1} We grant the State's motion for rehearing and substitute this opinion for the one filed February 20, 1998. {2} This appeal is directed at two issues. First, we determine when the crime of criminal trespass is a lesser-included offense of aggravated burglary and justifies a separate jury instruction. Second, we examine the defense of diminished capacity due to intoxication with respect to the specific intent necessary to commit the crime of aggravated burglary and when an instruction on that defense is warranted. Because Defendant was wrongfully refused an instruction on both issues, we reverse his conviction of aggravated burglary and remand for a new trial.

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