State v. Perrin

OPINION

FEDERICI, Justice.

Appellant was convicted of felony murder in the District Court of Dona Ana County. The court found that appellant and James Kinslow had entered the Andrews’ home for the purpose of committing burglary, and during the commission of this crime, shot and killed Mrs. Patricia Andrews.

Appellant argues two points on appeal: (1) the trial court committed jurisdictional error in failing to properly instruct the jury regarding an essential element of the felony-murder rule; (2) the trial court erred in not declaring a mistrial and by denying a new trial because the State…