State v. Nelson

OPINION

"SUTIN, Judge.

Nelson was convicted of armed robbery, § 40A-16-2, N.M.S.A.1953 (Repl. Vol. 6). He argues: (1) the trial court should have instructed the jury on insanity as a defense; (2) the state failed to prove “the necessary felonious intent.”

It is not disputed that Nelson used a gun to force a gas station attendant to open a cash box, hit the attendant on the head with the gun, took the money, and that the gun discharged prior to defendant’s taking the money from the station cash box. The bullet came within three or four inches of the attendant’s right ear.

The only arguments raised…