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STATE v. PRIVETT

No. 15852.

717 P.2d 55 (1986)

104 N.M. 79

STATE of New Mexico, Plaintiff-Appellee, v. Julian Victor PRIVETT, Defendant-Appellant.

Supreme Court of New Mexico.

April 11, 1986.

Attorney(s) appearing for the Case

Paul Bardacke, Atty. Gen., Patricia Frieder, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

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

Fred Boone, Calvin R. Newmann, Clovis, for trial attys. for defendant.

OPINION

WALTERS, Justice.

Defendant Privett appeals from a conviction of first degree murder on two grounds:

(1) The trial court erred in refusing to instruct the jury on diminished responsibility resulting from intoxication (NMSA 1978, UJI Crim. 41.10) (Repl.Pamp. 1982)). (2) The trial judge's conduct deprived defendant of a constitutionally fair trial.

Because it was error to refuse defendant's requested instruction, we do not...

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