State v. Gunzelman

OPINION

HENDLEY, Judge.

Convicted of burglary contrary to § 40A-16-3, N.M.S.A.1953 (2nd Repl.Vol. 1972), defendant appeals asserting four points for reversal. Defendant’s contention on the failure to instruct on an essential element of the crime is dispositive of the appeal.

We reverse.

The court instructed the jury as follows:

“To constitute criminal intent it is not necessary that there should exist an intent to violate the law or to do a wrong. Criminal intent exists whenever a person intentionally does that which the law declares to be a crime, even though he may not know that he is committing…