State v. Bachicha

OPINION

HENDLEY, Judge.

Convicted of the unlawful taking of a vehicle contrary to § 64-9 — 4, N.M.S.A.1953 (2d Repl.Vol. 9, pt. 2) defendant appeals. Defendant’s first point relating to failure to instruct on an essential element of the offense (criminal intent) is dispositive of the appeal. We reverse.

The trial court’s instructions Nos. 2 and 5 read as follows:

“No. 2 — The Statute under which this charge is brought reads as follows: 64— 9-4. UNLAWFUL TAKING OF A VEHICLE. — (a) Any person who shall take any vehicle intentionally and without consent of the owner thereof shall be guilty of a…