State v. Gutierrez

OPINION

WOOD, Chief Judge.

Convicted of murder in the second degree, defendant appeals. The issues concern: (1) the sufficiency of the indictment, and (2) refused instructions on ■ (a) insanity; (b) intoxication; and (c) manslaughter.

Sufficiency of the Indictment

The indictment charged defendant with murder in the first degree. Defendant claims the indictment was void because he was charged under our general murder statute rather than under a specific statute which covered his crime. The general murder statute is § 40A-2-1, N.M.S.A. 1953 (2d Repl.Vol. 6). The alleged specific statute is §…