N.M. Stat. » Chapter 41 — Torts
New Mexico Statutes

N.M. Stat. § 41-13-1 (2026)

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✓ laws through the 2025 session (retrieved May 2026)
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Sections 2 through 4 [41-13-1 to 41-13-3 NMSA 1978] of this act may be cited as the "Governmental Immunity Act".

History: Laws 1999, ch. 268, § 2.

ANNOTATIONS

Effective dates. — Laws 1999, ch. 268 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective on June 18, 1999, 90 days after adjournment of the legislature.

Notes of Decisions
Cited in 9 cases, 1956–1976 · leading case: State v. Andrada, 484 P.2d 763 (N.M. Ct. App. 1971).
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State v. Andrada, 484 P.2d 763 (N.M. Ct. App. 1971). · cites it 8× “6) states in part: “* * * [F]0r an offense consisting of different degrees, the jury may find the accused * * * guilty of any degree of such offense inferior to that charged * * * or of an attempt to commit such offense or any degree thereof; * * *” The trial court submitted to…”
Smith v. State, 558 P.2d 39 (N.M. 1976). · cites it 3× “he second degree or of any degree of manslaughter shall be punished according to the verdict of the jury, although the evidence in the case shows him to be guilty of a higher degree of homicide; and no judgment shall be stayed, arrested or in any manner affected because the…”
State v. Trujillo, 510 P.2d 1079 (N.M. Ct. App. 1973). · cites it 4× “Section 41-13-1, N.M.S.A.1953 (2d Repl.Vol.”
State v. McFall, 354 P.2d 547 (N.M. 1960). · cites it 3× “” Secondly, although appellant would argue that § 41-13-1, N.M.S.A., 1953, does not apply in the instant case, we are of the opinion that it does.”
State v. Smith, 558 P.2d 46 (N.M. Ct. App. 1976). · cites it 2× “The court rule appears as § 41-13-1, N.M.S.A. 1953 (1st Repl. Vol. 6).”
State v. Duran, 456 P.2d 880 (N.M. Ct. App. 1969). · cites it 2× “Section 41-13-1, N.M.S.A.1953 (Repl.Vol. 6); 5 Anderson, Wharton’s Criminal Law and Procedure § 2099 (1957).”
State v. Cochran, 447 P.2d 520 (N.M. 1968). “Although this court has held in construing the applicable statute, § 41-13-1, N.M.S.A.1953, that an appellant cannot complain that the evidence showed he was guilty of a higher degree of homicide than that of which he was convicted, State v.”
State v. Rose, 442 P.2d 589 (N.M. 1968). “Suffice it to say in this connection that the trial court fully and completely instructed the jury on first and second degree murder, ■as well as voluntary manslaughter. No objection was made to these instructions as given by the court.”
State v. Griego, 294 P.2d 282 (N.M. 1956). “As previously stated, he and his wife were taken into custody about 5:00 P.M. They were placed in separate rooms and repeatedly questioned during the night.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.