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STATE v. TRAMMEL

No. 15081.

672 P.2d 652 (1983)

100 N.M. 479

STATE of New Mexico, Petitioner, v. James M. TRAMMEL, Respondent.

Supreme Court of New Mexico.

November 23, 1983.

Attorney(s) appearing for the Case

Paul Bardacke, Atty. Gen., Heidi Topp Brooks, Asst. Atty. Gen., Santa Fe, for petitioner.

Richard S. Lees, Santa Fe, for respondent.

Hinkle, Cox, Eaton, Coffield & Hensley, Thomas M. Hnasko, Santa Fe, for amicus curiae Southwestern Public Service Co.

Keleher & McLeod, Robert H. Clark, Albuquerque, for amicus curiae Public Service Company of New Mexico.

OPINION

RIORDAN, Justice.

Defendant James M. Trammel (Trammel) was convicted of aggravated assault with a firearm contrary to NMSA 1978, Section 30-3-2 and NMSA 1978, Section 31-18-16 (Repl.Pamp. 1981). At trial, Trammel requested a jury instruction on defense of property based on NMSA 1978, UJI Crim. 41.50 (Repl.Pamp. 1982). The trial court denied Trammel's request. On appeal, the Court of Appeals reversed, holding that Trammel's requested instruction should...

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