STATE v. ARIAS

No. 13484.

847 P.2d 327 (1993)

115 N.M.App. 93

STATE of New Mexico, Plaintiff-Appellee, v. Rito Antonio ARIAS, Defendant-Appellant.

Court of Appeals of New Mexico.

January 12, 1993.


Attorney(s) appearing for the Case

Tom Udall, Atty. Gen., Max Shepherd, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

Vince D'Angelo, Albuquerque, for defendant-appellant.


OPINION

ALARID, Chief Judge.

Defendant appeals from the judgment and order convicting him of voluntary manslaughter, criminal trespass, shooting at an inhabited dwelling, and tampering with evidence. Specifically, Defendant appeals only the voluntary manslaughter conviction. The sole issue is whether the trial court erred in not instructing the jury on involuntary manslaughter under Defendant's "imperfect self-defense" theory. We reverse and remand for a new...

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