STATE v. BEACH

No. 15452.

699 P.2d 115 (1985)

102 N.M. 642

STATE of New Mexico, Plaintiff-Appellee, v. Larry BEACH, Defendant-Appellant.

Supreme Court of New Mexico.

April 23, 1985.


Attorney(s) appearing for the Case

Janet Clow, Chief Public Defender, Susan Gibbs, Asst. Appellate Defender, Santa Fe, Bert Atkins, Dist. Public Defender, Alamogordo, for defendant-appellant.

Paul Bardacke, Atty. Gen., Elizabeth Major, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

RIORDAN, Justice.

Larry Beach (defendant) was convicted of the first-degree murder, by deliberate killing, of David Palaske (Palaske) and was sentenced to life imprisonment. Defendant appeals his conviction. We affirm.

Issues.

The issues on appeal are:

I. Whether the trial court erred in refusing to instruct the jury that diminished capacity is a defense to second-degree murder and voluntary manslaughter. II....

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