Public-domain · open source
OpenJurist

§ 30-2-5 NMSA 1978

Excusable homicide

Applied in 1 court decision — leading case State v. Betts (2022)

Most recently applied in State v. Betts (July 2022)

1953 Comp., § 40A-2-6, enacted by Laws 1963, ch. 303, § 2-6.

Homicide is excusable in the following cases:

A. when committed by accident or misfortune in doing any lawful act, by lawful means, with usual and ordinary caution and without any unlawful intent; or

B. when committed by accident or misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, if no undue advantage is taken, nor any dangerous weapon used and the killing is not done in a cruel or unusual manner.

Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.