State v. Duran

OPINION

WOOD, Chief Judge.

Defendant appeals his conviction of murder in the second degree. Section 40A-2-1, N.M.S.A.1953 (Repl.Vol. 6). The issues concern:’ (1) admissibility of lay testimony concerning the condition of the victim’s right arm; (2) the constitutionality of § 20-2-3, N.M.S.A.1953 (Repl.Vol. 4); (3) admissibility of rebuttal testimony as to prior statements and conduct of defendant; and (4) ¿he- propriety, of an instruction on implied rualice.. .-

Defendant had been going with Pamela Torres, a stepdaughter of Nash Lucero. Accompanie'd by two of his brothers, he went to the’Lucero…