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State v. Ramirez

500 P.2d 451, 84 N.M. 166
CourtNew Mexico Court of Appeals
DecidedJuly 28, 1972
Docket888
StatusPublished
Cited by16 cases

This text of 500 P.2d 451 (State v. Ramirez) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Ramirez, 500 P.2d 451, 84 N.M. 166 (N.M. Ct. App. 1972).

Opinions

OPINION

WOOD, Chief Judge.

The appeal is concerned with instructions on intent under two criminal charges.

Defendant was charged with aggravated battery. Section 40A-3-5(C), N.M.S.A. 1953 (Repl.Vol. 6, Supp.1971). His requested instruction went to his asserted lack of intent to commit aggravated battery because of his intoxication. He claims the trial court erred in refusing the requested instruction.

The refused instruction on intent under the aggravated battery charge need not be reviewed. Defendant was not convicted of aggravated battery; he was convicted of the lesser included offense of battery. The instructions pertaining to the intent to commit aggravated battery are simply not pertinent to the battery conviction.

Defendant was also charged, and convicted, of rape. Section 40A-9-2, N. M.S.A.1953 (Repl.Vol. 6). His requested instruction went to his asserted lack of the specified intent to commit rape. He claims this request was improperly refused and the instruction given by the court was erroneous. The instruction given informed the jury that “rape requires no specific intent” and that voluntary drunkenness is neither excuse nor justification for the crime of rape. The requested instruction was properly refused because the specific intent to rape is not an element of the crime defined in § 40A-9-2, supra. The instruction given by the court was correct under State v. Scarborough, 55 N.M. 201, 230 P.2d 235 (1951).

Affirmed.

It is so ordered.

COWAN, J., concurs. SUTIN, J., specially concurring.

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United States v. Preston G. Thornton
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State v. Fuentes
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State v. Lopez
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Ramirez v. State
500 P.2d 1303 (New Mexico Supreme Court, 1972)
State v. Viscarra
501 P.2d 261 (New Mexico Court of Appeals, 1972)
State v. Ramirez
500 P.2d 451 (New Mexico Court of Appeals, 1972)

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Bluebook (online)
500 P.2d 451, 84 N.M. 166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ramirez-nmctapp-1972.