2011 New Mexico Statutes
Chapter 30: Criminal Offenses
Article 2: Homicide, 30-2-1 through 30-2-9
Section 30-2-5: Excusable homicide.

NM Stat § 30-2-5 (1996 through 1st Sess 50th Legis) What's This?

30-2-5. Excusable homicide.

Homicide is excusable in the following cases:

A. when committed by accident or misfortune in doing any lawful act, by lawful means, with usual and ordinary caution and without any unlawful intent; or

B. when committed by accident or misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, if no undue advantage is taken, nor any dangerous weapon used and the killing is not done in a cruel or unusual manner.

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