[Download] "State V. Padilla" by New Mexico Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: State V. Padilla
- Author : New Mexico Court of Appeals
- Release Date : January 01, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Defendant appeals from his conviction of voluntary manslaughter claiming, contrary to his position at trial, that the evidence failed to raise an issue as to provocation, as essential element of voluntary manslaughter, and, therefore, the trial court erred in giving the very instruction defendant himself urged. His argument is threefold and simple: Because defendant and his companions chased down and shot the victim, the conviction of voluntary manslaughter, without a showing of provocation, constituted fundamental error and must be set aside. And because fundamental error cannot be waived, defendant's inconsistent position and his affirmative action in requesting the instruction on voluntary manslaughter will not change that result. And because defendant was acquitted of charges of murder, conspiracy to commit murder and aggravated assault, double jeopardy precludes retrial of those charges, and, therefore, defendant must be discharged.