NM UJI 14-5174. Justifiable homicide; aiding public official.
State: New Mexico
New Mexico Uniform Jury Instructions (UJI)
NM UJI 14-5174. Justifiable homicide; aiding public official.
Evidence has been presented that the killing of ________________________ (name of victim) was justifiable homicide by a person aiding a public officer or public employee if:
1. At the time of the killing, ________________________ (name of defendant) was acting at the command and in the aid or assistance of a public officer or employee;
2. The killing was committed while
[overcoming the actual resistance of ________________________ (victim) to the execution of ________________________(legal process)]
[overcoming the actual resistance of ________________________ (victim) to the discharge of ________________________(legal duty)]
[retaking [______________________________ (name of victim)] [a person], who committed ________________________ and who had [been rescued]5 [escaped__
[arresting [______________________________ (name of victim)] [a person] who committed ________________________(crime) and was fleeing from justice]
[attempting to prevent the escape from ______________________________(custody) of [______________________________ (name of victim)] [a person], who committed ________________________(felony)]; and
3. A reasonable person in the same circumstances as ________________________ (name of defendant) would have reasonably believed that ________________________ (name of victim) posed a threat of death or great bodily harm to ________________________ (name of public officer or public employee) or another person.
The burden is on the state to prove beyond a reasonable doubt that the killing was not justifiable. If you have a reasonable doubt as to whether the killing was justifiable, you must find the defendant not guilty.
[See also New Mexico Rules Annotated (N.M.R.A.) 14-5174.]