State v. Dickens

Citations

• 23 N.M. 26
• 165 P. 850

Syllabus

<p>SYLABUS BY THE COURT.</p> <p>1. Tbe standard by wbicb tbe- jury must determine tbe reasonableness of belief of accused that danger is so apparently imminent that be must act in self-defense is that of an ordinary person of firmness, reason and prudence; not that such question should be determined from the standpoint of the accused. P. 29</p> <p>2. Where immediately after slaying deceased, defendant justified his act upon the ground that deceased had used insulting language toward him, an instruction to the effect that provocation by words or mere threats or the use of abusive language by the deceased or concerning the defendant cannot justify or excuse the taking of human life. ' P. 29</p> <p>3. It is not error for the court in instructing the jury, to define a deadly weapon in the terms of the statute. P. 29</p> <p>4. Where a defendant testifies as a witness in his own behalf, if he desires an instruction to the efféct that the statute makes him a competent witness, it is his duty to prepare such an instruction and tender it to the court. P. 30</p> <p>5. Courts are not bound to give instructions which, even if correct, are merely cumulative and state in another form a proposition of law already given to the jury. P. 30</p> <p>6. Under facts stated an instruction on murder in second degree held warranted. P. 30</p>