New Mexico Supreme Court· 8/10/1992

State v. Garcia

Citations

837 P.2d 862
114 N.M. 269

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

acknowledging that the appellate courts “have not been especially helpful in distinguishing first degree murder from second degree murder”
acknowledging that the appellate courts \have not been especially helpful in distinguishing first degree murder from second degree murder\
holding on rehearing that the interests of justice would be better served by remanding for new trial on the offenses of second-degree murder and voluntary manslaughter
reversing first-degree murder conviction on grounds of insufficient evidence and barring re-trial on double jeopardy grounds
forbidding the substitution of appellate judgment for that of a jury
“We think it reasonable, therefore, to conclude that the legislature intended to exclude from second degree murder the element of deliberation but not to exclude otherwise intentional killings from that crime.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Montgomery, Ranson, Franchini, Ransom

Read full opinion on CourtListener

Cited by

122 cases in this archive cite this case; the 20 most cited are listed.

Cites

26 cases in this archive are cited by this case; the 20 most cited are listed.

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