[DOWNLOAD] "State V. Keffer" by Supreme Court of Wyoming # Book PDF Kindle ePub Free

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eBook details

• Title: State V. Keffer
• Author : Supreme Court of Wyoming
• Release Date : January 29, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

In this case, brought to this court by a Bill of Exceptions, the State of Wyoming (State) seeks a determination that, in a prosecution for second degree murder, the State is entitled to have the jury instructed on the crime of manslaughter as a lesser included offense. The district court, upon objection by Lola Mae Keffer (Keffer), concluded the instructions requested by the State on the lesser included offense of manslaughter should not be given. The district court ruled that, by submitting a written "waiver of included offense instructions," Keffer had the right to prevent the giving of such instructions pursuant to Eckert v. State, 680 P.2d 478 (Wyo. 1984). The district court also found the evidence in the case would not support the giving of the instructions on a lesser included offense. The major thrust of the State's concern is whether, by submitting such a waiver, a defendant in a criminal case can veto the giving of the lesser included offense instructions. We hold that the district court erred in refusing to give the lesser included offense instructions on the crime of manslaughter in this case.

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