STATE v. ELLIOTT

No. 5162.

635 P.2d 1001 (1981)

96 N.M. 798

STATE of New Mexico, Plaintiff-Appellee, v. Mary Jane ELLIOTT, Defendant-Appellant.

Court of Appeals of New Mexico.

October 8, 1981.


Attorney(s) appearing for the Case

John B. Bigelow, Chief Public Defender, David Stafford, Asst. State Appellate Defender, Santa Fe, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Clare E. Mancini, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

WOOD, Acting Chief Judge.

Defendant was charged and convicted of voluntary manslaughter, which requires an intent to kill or do great bodily harm. U.J. I.Crim. 2.21, N.M.S.A. 1978 (1981 Cum. Supp.). The trial court prohibited defendant from presenting testimony that she lacked this requisite intent. We agree with defendant that the trial court erred.

Defendant and decedent had been acquainted most of their lives. Defendant's husband of approximately...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases