STATE v. BENAVIDEZ

No. 12768.

616 P.2d 419 (1980)

94 N.M. 706

STATE of New Mexico, Plaintiff-Appellee, v. Roger BENAVIDEZ, Sr., Defendant-Appellant.

Supreme Court of New Mexico.

September 10, 1980.


Attorney(s) appearing for the Case

William Lazar, El Rito, for defendant-appellant.

Jeff Bingaman, Atty. Gen., John G. McKenzie, Jr., Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

SOSA, Chief Justice.

Defendant was convicted of the first-degree murder of Michael Salazar. He was sentenced to life imprisonment. The issue we decide on appeal is whether the trial court erred in refusing to instruct on voluntary manslaughter. We hold that it did, and reverse.

The facts pertinent to this appeal follow. The defendant and his son (Benavidez, Jr.) lived together and were both acquainted with the victim (Salazar). On the afternoon...

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