New Mexico Supreme Court

State v. Smith

June 30, 2021491 P.3d 748

Summary

The New Mexico Supreme Court held that the trial court was required to give a jury instruction on the element of unlawfulness in a battery against a household member when evidence supported the defendant’s claim of justification, and affirmed the Court of Appeals’ reversal of the conviction. The Court reviewed the instruction issue de novo and remanded for a new trial.