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STATE v. ELMQUIST

No. 13321.

844 P.2d 131 (1992)

114 N.M. 551

STATE of New Mexico, Plaintiff-Appellee, v. John R. ELMQUIST, Defendant-Appellant.

Court of Appeals of New Mexico.

October 23, 1992.

Attorney(s) appearing for the Case

Tom Udall, Atty. Gen., Elizabeth Blaisdell, Mary Catherine McCulloch, Anthony Tupler, Asst. Attys. Gen., Santa Fe, for plaintiff-appellee.

Sammy J. Quintana, Chief Public Defender, Christopher Bulman, Asst. Appellate Defender, Santa Fe, for defendant-appellant.

OPINION

BLACK, Judge.

Defendant appeals his conviction for shooting at an occupied building, in violation of NMSA 1978, Section 30-3-8 (Cum. Supp. 1991). He contends the instructions given to the jury omitted an essential element of the crime because the instructions did not require that the jury find he knew or should have known the building was occupied at the time of the shooting. Under the instructions given...

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