STATE v. MAGBY

No. 24471.

969 P.2d 965 (1998)

126 N.M. 361

1998-NMSC-042

STATE of New Mexico, Plaintiff-Appellee, v. Robert Leon MAGBY, Defendant-Appellant.

Supreme Court of New Mexico.

November 17, 1998.


Attorney(s) appearing for the Case

Phyllis H. Subin, Chief Public Defender, Will O'Connell, Assistant Appellate Defender, Santa Fe, for Appellant.

Hon. Tom Udall, Attorney General, Steven S. Suttle, Assistant Attorney General, Santa Fe, for Appellee.


OPINION

FRANCHINI, Chief Justice.

{1} Following a horseback-riding accident, Defendant Robert Leon Magby was convicted of child abuse resulting in death. We hold that the trial court improperly refused a jury instruction tendered by defense counsel, resulting in the distinct possibility of juror confusion as to the mens rea necessary for conviction. We therefore reverse Magby's conviction and remand...

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