State v. Dickens
New Mexico Supreme Court
Design to kill should be apparent to the assailed; danger should be viewed from standpoint of assailed person and not a reasonable man. Whar.
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Design to kill should be apparent to the assailed; danger should be viewed from standpoint of assailed person and not a reasonable man. Whar. ITom. § 286; Dawson v. State, 148 Ala. 612, 4 So. 803; Turner v. State, 4 Oklañ Or. 164, 11 Pac. 988; Browilee v. State, (Tex.) 878 S'. W. 1153; Swain v. State, (Tex.) 86 S. W. 335; State v. Cain, 20 W. Ya. 679; State v. Evans, 33 W. Ya. 417, 10 S. E. 792; Williford v. State, (Tex.) 42 S. W. 972; Blair v. State. 69 Ark. 558, 64 S. W. 948; Early v. Com., (Ky.) 70 S. W. 1061; Oakley v. Com., (Ky.) 11 S. W. 72; People v. Lennon, 11 Mich 298, 15 Am. St.…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, J.
Appellant was convicted of murder in the second degree, and the first point upon which he relies for a reversal is alleged error in instruction No. 14, given by the court of its own motion. This instruction dealt with the law of self-defense and made the stand-arc! of the defendant that of a reasonably courageous and ¡orudent man. Appellant contends that the test to be applied as to appearance of danger is not whether or not the danger would have been apparent to a reasonable man, but was it reasonably apparent to the defendant?
[1] The prevailing rule in the…
2Cases cited2 opinions
- State v. ChesherNew Mexico Supreme Court · 1916
- State v. BelisleNew Mexico Supreme Court · 1916
3Cited by11 opinions
- State v. MooreNew Mexico Supreme Court · 1938
- State v. CarabajalNew Mexico Supreme Court · 1920
- State v. NevaresNew Mexico Supreme Court · 1932
- State v. TrujilloNew Mexico Supreme Court · 1921
- State v. HortonNew Mexico Supreme Court · 1953
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