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STATE v. TAPIA

No. 8719.

466 P.2d 551 (1970)

81 N.M. 274

STATE of New Mexico, Plaintiff-Appellee, v. David Jose TAPIA, Defendant-Appellant.

Supreme Court of New Mexico.

Rehearing Denied March 30, 1970.

Attorney(s) appearing for the Case

Lorenzo E. Tapia, Thomas Lee Marek, Albuquerque, for defendant-appellant.

James A. Maloney, Atty. Gen., Spencer T. King, Vince D'Angelo, Asst. Attys. Gen., Santa Fe, for plaintiff-appellee.

OPINION

MOISE, Chief Justice.

Appellant was convicted of murder in the second degree and appeals. He argues two claimed errors by the trial court.

By his first point, appellant asserts that voluntary intoxication, of a degree which would prevent formation of a specific intent to kill, should have an effect in law of reducing the offense from second degree murder to voluntary manslaughter.

Appellant...

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