STATE v. EWING

No. 4889.

641 P.2d 515 (1982)

97 N.M. 484

STATE of New Mexico, Plaintiff-Appellee, v. James Edward EWING, Defendant-Appellant.

Court of Appeals of New Mexico.

February 9, 1982.


Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Charles F. Noble, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

Michael R. Gernsheimer, Santa Fe, for defendant-appellant.


OPINION

LOPEZ, Judge.

The defendant was originally convicted of second degree murder with firearm enhancement. He claims that he acted in self-defense.

Defendant and his girlfriend had gone to the victim's apartment to inform the victim to stop making sexual advances to defendant's wife. An argument started. He then followed the victim to the kitchen. Both men struggled to get a gun that was in a cabinet. The defendant was able to grab the gun first...

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