New Mexico Forms Library
Decision Information
Rule Set 14 - Uniform Jury Instructions — Criminal - cited by 1,783 documents
Decision Content
14-211. Second-degree murder; voluntary manslaughter not lesser included offense; essential elements.1
For you to find the defendant guilty of second-degree murder [as charged in Count __________]2, the state must prove to your satisfaction beyond a reasonable doubt each of the following elements of the crime:
1. The defendant killed __________________ (name of victim);
2. The defendant knew that [his] [her] acts created a strong probability of death or great bodily harm3 to __________________ (name of victim) [or any other human being]4;
3. This happened in New Mexico on or about the _________________ day of ___________________, __________________.5
USE NOTES
1. This instruction is to be used only when second-degree murder is the lowest degree of homicide to be considered by the jury.
2. Insert the count number if more than one count is charged.
3. UJI 14-131 NMRA, the definition of great bodily harm, must be given.
4. Use this bracketed phrase when the intent was directed to someone other than the victim. In such a case, UJI 14-255 NMRA must also be given.
5. UJI 14-141 NMRA, general criminal intent, must also be given.
[As amended by Supreme Court Order No. 10-8300-039, effective December 31, 2010; as amended by Supreme Court Order No. 18-8300-012, effective for all cases pending or filed on or after December 31, 2018.]