Excusable homicide
NMSA 1978, § 30-2-5
in effect30-2-5. 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.
1953 Comp., § 40A-2-6, enacted by Laws 1963, ch. 303, § 2-6.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18530/index.do#!b/30-2-5Fetched: 10/20/2026