Jackson v. State

OPINION

SOSA, Senior Justice.

Defendant, Perry Jackson, was convicted of second degree murder for the death of Johnny Wayne Hawkins. The Court of Appeals, 99 N.M. 478, 660 P.2d 120, affirmed the defendant’s conviction. We granted certiorari and now reverse and remand for a new trial.

The issues before this Court on certiorari are as follows:

1. Whether the Court of Appeals erred in refusing to reverse defendant’s conviction as argued on motion for rehearing for the failure of the trial court to properly charge the jury on the elements of second degree murder despite defendant’s failure to raise…