State v. King

OPINION

WOOD, Chief Judge.

Convicted of second degree murder, with firearm enhancement, defendant appeals. The nine issues raised by defendant group into four categories. They are: (1) the charge; (2) the instructions; (3) the evidence; and (4) the prosecutor’s closing argument.

The Charge

The indictment was in four counts. Count 1 charged murder contrary to §§ 40A-2-1, 40A-2-2 and 40A-2-3, N.M.S. A.1953 (2d Repl.Vol. 6). These references are to statutes pertaining to first degree murder, second degree murder, express malice, implied malice, voluntary manslaughter and involuntary manslaughter.

Coun…