State v. DeSantos

OPINION

STEPHENSON, Justice.

The defendant, Daniel Levy DeSantos, appeals from a conviction of first degree murder of Glennie McDonald in Silver City, New Mexico. DeSantos was charged by information on November 22, 1974, with an “open” charge 1 of first degree murder and convicted after a trial by jury. We reverse the conviction for improper instruction of the jury and grant the defendant a new trial.

DeSantos raises the unconstitutionality of the New Mexico death penalty statute under the due process clauses and cruel and unusual clauses of the federal and state constitutions. The statute has…