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.]