STATE v. GONZALES

No. 5382.

642 P.2d 210 (1982)

97 N.M. 607

STATE of New Mexico, Plaintiff-Appellee, v. Antonio GONZALES, Defendant-Appellant.

Court of Appeals of New Mexico.

February 25, 1982.


Attorney(s) appearing for the Case

Paula G. Burnett, Kennedy & Steinmetz, Grants, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Carol Vigil, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

WOOD, Judge.

Defendant appeals his conviction of battery on a peace officer. Section 30-22-24, N.M.S.A. 1978. The issues involve the trial court's refusal: (1) to instruct on battery as a lesser included offense and (2) to give approved instructions on self-defense.

Defendant was involved in a fight at a bar. Officers, responding to a "fight" call, observed defendant, with others, in a car in the bar's parking lot. Defendant was bleeding...

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