New Mexico Supreme Court· 10/17/1979

State v. Stephens

Citations

601 P.2d 428
93 N.M. 458

How courts have described this case

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

holding that the failure to instruct on a definition or to amplify an element is not a failure to instruct on an essential element
concluding that consecutive sentences for felony murder and the underlying felony of armed robbery did not violate prohibition against double jeopardy
holding that an open charge of murder which did not specify the type or degree of murder nonetheless afforded proper notice to the defendant of the charges against him
finding that the failure to give an unrequested instruction defining proximate cause is not fundamental error even though the use note requires it whenever causation is in issue
finding that the failure to give an unrequested instruction defining proximate cause is not fundamental error even though the use note requires it whenever causation is in issue
holding in a felony-murder prosecution that a defendant was entitled to a jury instruction on second-degree murder because there was an issue as to “whether the murder was committed as part of the res gestae of the felony of robbery”

Source: CourtListener parenthetical corpus (CC0).

Judges: Easley, Federici, Felter, Payne, Sosa

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Cited by

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

Cites

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

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