State v. Duran

OPINION

WOOD, Judge.

Defendant was convicted on two charges of aggravated battery. His appeal asserts the trial court erred in: (1) failing to submit a form of verdict covering the defense of insanity at the time the offenses were committed and (2) failing to instruct on lesser included offenses.

Section 41-13-3, N.M.S.A.1953 (Repl.Vol. 6, Supp.1967) states in part:

“When the defense of 'not guilty by reason of insanity at the time of commission of an offense’ is raised upon trial, the issue shall be determined * * * in jury trials by a special verdict of the jury. * * *”

The jury was instructed…