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STATE v. SENA

No. 13992.

657 P.2d 128 (1983)

99 N.M. 272

STATE of New Mexico, Plaintiff-Appellee, v. Rudolph Augustine SENA, Defendant-Appellant.

Supreme Court of New Mexico.

January 17, 1983.

Attorney(s) appearing for the Case

Mary Joe Snyder, Santa Fe, for defendant-appellant.

Jeff Bingaman, Atty. Gen., William Lazar, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

PAYNE, Chief Justice.

This appeal arises from the murder conviction of Rudolph Sena. The primary issue is the proper application of the "depraved mind" theory of first degree murder, Section 30-2-1, N.M.S.A. 1978 (Cum.Supp. 1982).

In March 1980, Sena, a woman, and another man entered a bar through the front entrance. The woman was holding a drink and the doorman did not allow her to enter with the drink. A dispute arose and Sena hit the doorman...

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