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State v. Venegas

Citations

  • 628 P.2d 306
  • 96 N.M. 61

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 defendant was not entitled to a mistake of fact instruction because such an instruction would be duplicative of other instructions
  • holding that it was 9 not reversible error to fail to give a mistake-of-fact instruction when that concept was 10 covered by an instruction on justifiable homicide
  • finding of justifiable homicide in defense of another requires substantial evidence that the defendant reasonably believed his actions were necessary to prevent an apparent immediate danger to another
  • defendant is entitled to have jury instructed on his theories of the case if they are supported by the evidence
  • not reversible error to fail to give mistake-of-fact instruction when that concept is covered by other instructions
  • “Ordinarily, a defendant is not entitled to a specific 16 instruction where the jury has already been adequately instructed upon the matter by 17 other instructions.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Riordan, Easley, Payne, Federici, Sosa

Read full opinion on CourtListener

Cited by

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

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.