State v. Nevares
New Mexico Supreme Court
36 N.M. 41 (1932)
- Written by Carolyn Strutton, JD
Facts
Eva Smith and Nevares (defendant) were a young couple who became estranged. Nevares went to Smith’s house and attempted to persuade her to come with him for a drive in his car. Smith refused and told Nevares that she was done with him. Nevares left but soon returned. Smith went out to Nevares’s car, spoke with him briefly, and then began to return to her house. Nevares called out to her and, when she turned toward him, shot her in the chest. Smith died instantly. Nevares was charged with murder. Nevares claimed the defense of insanity. Evidence was presented at trial that Nevares had a disordered mentality, possibly as a result of a previous head injury, that left him particularly susceptible to emotional stress and sudden anger. The jury, however, found him not insane and that he was capable of distinguishing right from wrong in respect to the killing. Nevares was convicted of second-degree murder. Nevares appealed, alleging that the trial court should have submitted a charge of voluntary manslaughter based on his disordered mentality and the doctrine of provocation.
Rule of Law
Issue
Holding and Reasoning (Sadler, J.)
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