State v. Crespin

OPINION

SUTIN, Judge.

Defendant appeals from a conviction for aggravated battery. Section 40A-3-5, N. M.S.A. 1953 (2d Repl. Vol. 6). We reverse,

(A) Refusal to give requested instruction on theory of defense was reversible error.(1) Facts

The state’s case shows that on May 15, 1973, at about 9:30 p. m., the foreman for State Electric and a fellow employee were walking east on Central Avenue near Fifth Street in Albuquerque. When the foreman came abreast of two men, the defendant, 23 years of age, stabbed the foreman in the chest with a knife. Defendant stood there for a few minutes and…