State v. Smith
Citations
- 26 N.M. 482
- 194 P. 869
Syllabus
<p>SYLLABUS BY THE COURT.</p> <p>1. Murder in the second degree is murder with malice, but without deliberation. P. 493</p> <p>2. “Malice” and “premeditation” defined. P. 491</p> <p>3. Malice in the law of murder is not a conclusion of law, b.ut an inference of fact. P. 494</p> <p>4. In a case where the prosecution attempts to prove murder in the first degree, prepetrated by lying- in wait, and the defendant pleads self-defense, the court properly instructed the jury on murder in the second degree. P. 49 5</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that express malice, a concept now incorporated in the “deliberate intention” element of willful and deliberate murder, can be inferred from the evidence presented
- second degree murder is murder with premeditation or malice aforethought, but without deliberation
Source: CourtListener parenthetical corpus (CC0).
Judges: Parker, Raynolds, Roberts
Read full opinion on CourtListenerCited by
31 cases in this archive cite this case; the 20 most cited are listed.
- Witherspoon v. IllinoisSupreme Court· 1968-06-03· cited 4,818×
- State v. GarciaNew Mexico Supreme Court· 1992-08-10· cited 233×
- State v. SalazarNew Mexico Supreme Court· 1997-09-03· cited 228×
- State v. CoffinNew Mexico Supreme Court· 1999-10-06· cited 171×
- State v. BalderamaNew Mexico Supreme Court· 2004-03-01· cited 85×
- State v. MooreNew Mexico Supreme Court· 1938-01-20· cited 63×
- Crocker v. JohnstonNew Mexico Supreme Court· 1939-10-19· cited 50×
- State v. TrujilloNew Mexico Supreme Court· 1921-12-23· cited 30×
- State v. UlibarriNew Mexico Supreme Court· 1960-09-15· cited 27×
- State v. StewartNew Mexico Supreme Court· 1929-02-09· cited 27×
- State v. BuhrNew Mexico Court of Appeals· 1971-02-19· cited 26×
- State v. KileNew Mexico Supreme Court· 1923-08-27· cited 23×
- State v. ValenzuelaNew Mexico Supreme Court· 1976-12-06· cited 22×
- Torres v. StateNew Mexico Supreme Court· 1935-04-08· cited 21×
- State v. CrosbyNew Mexico Supreme Court· 1920-04-23· cited 20×
- State v. TapiaNew Mexico Supreme Court· 1970-01-12· cited 19×
- State v. BriganceNew Mexico Supreme Court· 1926-06-29· cited 18×
- State v. DiazNew Mexico Supreme Court· 1932-08-25· cited 18×
- State v. FuentesNew Mexico Court of Appeals· 1973-04-27· cited 17×
- State v. NajarNew Mexico Court of Appeals· 1980-02-19· cited 17×
Cites
3 cases in this archive are cited by this case.
Sourced from CourtListener / Free Law Project (CC0).
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