STATE v. BRANCHAL

No. 7396.

684 P.2d 1163 (1984)

101 N.M. 498

STATE of New Mexico, Plaintiff-Appellee, v. Loretta BRANCHAL, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied July 19, 1984.


Attorney(s) appearing for the Case

Paul Bardacke, Atty. Gen., William Lazar, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

Janet Clow, Chief Public Defender, Henry R. Quintero, Asst. Appellate Defender, Santa Fe, for defendant-appellant.


OPINION

NEAL, Judge.

This is a homicide case. The evidence details a stormy six-year relationship which ended when the defendant fired a single bullet into the victim's chest, killing him. Our concern is with the denial of a self-defense instruction.

Originally tried on an open charge of murder, the defendant was acquitted of first and second degree murder. The jury could not agree on voluntary manslaughter and a mistrial was declared. On retrial...

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