State v. Privett

OPINION

WALTERS, Justice.

Defendant Privett appeals from a conviction of first degree murder on two grounds:(1) The trial court erred in refusing to instruct the jury on diminished responsibility resulting from intoxication (NMSA 1978, UJI Crim. 41.10) (Repl.Pamp.1982)).(2) The trial judge’s conduct deprived defendant of a constitutionally fair trial.

Because it was error to refuse defendant’s requested instruction, we do not reach the second issue.

The evidence in this case was circumstantial. At approximately 8:15 a.m. on August 31, 1984, a family acquaintance (Mrs. Cos-per) went to the Privett…