(Download) "State v. Haynie" by New Mexico Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: State v. Haynie
- Author : New Mexico Supreme Court
- Release Date : January 03, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Samuel J. Haynie was convicted on two counts of first-degree depraved-mind murder under NMSA 1978, Section 30-2-1(A)(3) (Repl.Pamp.1984). On appeal, the State concedes that, in the absence of danger to the lives of others, the killing of each of the separate victims at different times and places would not constitute depraved-mind murder. See State v. DeSantos, 89 N.M. 458, 461, 553 P.2d 1265, 1268 (1976) (stating that an act resulting in death must be dangerous to more than one person to support depravedmind murder). We agree and reverse Haynies convictions for first-degree murder. The question remains, however, whether this Court may remand this case for entry of judgment on the lesser included offense of second-degree murder, see § 30-2-1(B), or whether Haynie is entitled to a new trial on the lesser included offense.
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