STATE v. BROWN

No. 21980.

931 P.2d 69 (1996)

122 N.M. 724

1996-NMSC-73

STATE of New Mexico, Plaintiff-Appellee, v. James Jimmy BROWN, Defendant-Appellant.

Supreme Court of New Mexico.

December 5, 1996.


Attorney(s) appearing for the Case

T. Glenn Ellington, Chief Public Defender, David Henderson, Assistant Appellate Defender, Santa Fe, for Defendant-Appellant.

Tom Udall, Attorney General, Gail MacQuesten, Assistant Attorney General, Santa Fe, for Plaintiff-Appellee.


OPINION

FRANCHINI, Justice.

{1} Defendant Jimmy Brown ("Brown") appeals from a conviction of first-degree, depraved mind murder. See NMSA 1978, § 30-2-1(A)(3) (Repl.Pamp.1994). Following a jury trial, Brown was sentenced to life imprisonment for the murder conviction. On appeal, we address a single issue: Whether the trial court erred in refusing to instruct the jury that Brown's intoxication could be considered in determining the mental state...

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