State v. Ramirez

OPINION

WOOD, Chief Judge.

The appeal is concerned with instructions on intent under two criminal charges.

Defendant was charged with aggravated battery. Section 40A-3-5(C), N.M.S.A. 1953 (Repl.Vol. 6, Supp.1971). His requested instruction went to his asserted lack of intent to commit aggravated battery because of his intoxication. He claims the trial court erred in refusing the requested instruction.

The refused instruction on intent under the aggravated battery charge need not be reviewed. Defendant was not convicted of aggravated battery; he was convicted of the lesser included offense of…