STATE v. BUNCE

No. 20231.

861 P.2d 965 (1993)

116 N.M. 284

STATE of New Mexico, Plaintiff-Appellee, v. Jim BUNCE, Defendant-Appellant.

Supreme Court of New Mexico.

September 27, 1993.


Attorney(s) appearing for the Case

Sammy J. Quintana, Chief Public Defender, Hugh W. Dangler, Amme M. Hogan, Asst. Appellate Defenders, Santa Fe, for defendant-appellant.

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


OPINION

BACA, Justice.

In this case, we consider the propriety of the embezzlement jury instructions given and answer one question certified to us by the Court of Appeals: Whether the trial court erred when it refused to instruct the jury that mistake of fact was a defense to embezzlement. Holding that, under the facts of this case, failure to instruct the jury on a correct application of the mistake-of-fact defense is fundamental error, we reverse...

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