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STATE v. BUHR

No. 507.

482 P.2d 74 (1971)

82 N.M. 371

STATE of New Mexico, Plaintiff-Appellee, v. Richard Glenn BUHR, Defendant-Appellant.

Court of Appeals of New Mexico.

February 19, 1971.

Attorney(s) appearing for the Case

William W. Head, Jr., Denny, Glascock & McKim, Gallup, for defendant-appellant.

James A. Maloney, Atty. Gen., Ray Shollenbarger, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

HENDLEY, Judge.

Convicted of second degree murder, defendant appeals raising two points for reversal. Defendant's first point is dispositive of the appeal because the instruction defining second degree murder is erroneous.

We reverse.

The questioned instruction states:

"* * * the unlawful killing of a human being done with malice aforethought but without deliberation and premeditation, that is, without the willful, deliberate...

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