State v. Chavez

OPINION

WOOD, Judge.

Defendant appeals his conviction of an aggravated battery that inflicted great bodily harm on the victim. Section 40A-3-5, N.M.S.A.1953 (Repl.Vol. 6, Supp.1969). Defendant contends: (1) the statute is unconstitutionally vague; (2) there is no evidence that defendant’s acts caused great bodily harm; (3) the court erred in failing to instruct the jury that “great bodily harm” had to be of a permanent nature; and (4) the jury should have been instructed on a lesser included offense.

Section 40A-3-5, supra, reads:

“A. Aggravated battery consists of the unlawful touching or…