NM UJI 14-5184. Defense of another; deadly force by defendant.
State: New Mexico
New Mexico Uniform Jury Instructions (UJI)
NM UJI 14-5184. Defense of another; deadly force by defendant.
Evidence has been presented that the defendant acted while defending another person.
The defendant acted in defense of another if:
1. There was an appearance of immediate danger of death or great bodily harm to __________________(person in danger) as a result of __________________(illegal act); and
2. The defendant believed that __________________(person in danger) was in immediate danger of death or great bodily harm from __________________ (name of victim) and __________________(defensive act) to prevent the death or great bodily harm; and
3. The apparent danger to __________________ (person in danger) would have caused a reasonable person in the same circumstances to act as the defendant did.
The burden is on the state to prove beyond a reasonable doubt that the defendant did not act in defense of __________________ (person in danger). If you have a reasonable doubt as to whether the defendant acted in defense of another, you must find the defendant not guilty.
[See also New Mexico Annotated Rules (N.M.R.A.) 14-5184.]