give instruction in Wyoming

1979Bentley v. State, Wyo., 502 P.2d 203 (1972) is different, as in that case counsel failed to point out to the court why a particular instruction given was improper.

1973Rule 51, W.R.C.P., has been made applicable to criminal appeals, Bentley v. State, Wyo., 502 P.2d 203, 206 , and it is as follows: “ * * * No party may assign as error the giving or the failure to give an in *488 struction unless he objects thereto before the jury retires to consider its verdict, stating distinctly the matter to which he objects and the grounds of his objection. * * * ” (Emphasis supplied.) Appellant attempts to make a part of the record, as an attachment to his brief, a copy of an affidavit of the attorney who represented Mewes at the trial.

2016And, as with many other courts and commentators that have grappled with this issue, our precedent in this area is inconsistent, We have alternated between discouraging a reasonable doubt instruction, Eldredge, 21 P.2d at 547—48 Cloussen, 183 P. at 1056; Goctti-na, 158 P.2d at 882-88 ; to enjoining such an instruction altogether, Blakely, 542 P.2d at 861 ; to relaxing our prohibition and allowing some explanation of reasonable doubt when instructing the jury, Rivera, 987 P.2d at 680-81 ; Solis, 2018 WY 152 , I1 45-49, 815 P.3d at 682-38, [¶ 16] 'We first addressed the questwn of whether a reaso

2016And, as with many other courts and commentators that have grappled with this issue, our precedent in this area is inconsistent, We have alternated between discouraging a reasonable doubt instruction, Eldredge, 21 P.2d at 547—48 Cloussen, 183 P. at 1056; Goctti-na, 158 P.2d at 882-88 ; to enjoining such an instruction altogether, Blakely, 542 P.2d at 861 ; to relaxing our prohibition and allowing some explanation of reasonable doubt when instructing the jury, Rivera, 987 P.2d at 680-81 ; Solis, 2018 WY 152 , I1 45-49, 815 P.3d at 682-38, [¶ 16] 'We first addressed the questwn of whether a reaso

2016And, as with many other courts and commentators that have grappled with this issue, our precedent in this area is inconsistent, We have alternated between discouraging a reasonable doubt instruction, Eldredge, 21 P.2d at 547—48 Cloussen, 183 P. at 1056; Goctti-na, 158 P.2d at 882-88 ; to enjoining such an instruction altogether, Blakely, 542 P.2d at 861 ; to relaxing our prohibition and allowing some explanation of reasonable doubt when instructing the jury, Rivera, 987 P.2d at 680-81 ; Solis, 2018 WY 152 , I1 45-49, 815 P.3d at 682-38, [¶ 16] 'We first addressed the questwn of whether a reaso

2016In Eldredge, this Court went a step further, advising courts to refrain from giving an instruction definmg reasonable doubt. 21 P.2d at 547-48 .

2016And, as with many other courts and commentators that have grappled with this issue, our precedent in this area is inconsistent, We have alternated between discouraging a reasonable doubt instruction, Eldredge, 21 P.2d at 547—48 Cloussen, 183 P. at 1056; Goctti-na, 158 P.2d at 882-88 ; to enjoining such an instruction altogether, Blakely, 542 P.2d at 861 ; to relaxing our prohibition and allowing some explanation of reasonable doubt when instructing the jury, Rivera, 987 P.2d at 680-81 ; Solis, 2018 WY 152 , I1 45-49, 815 P.3d at 682-38, [¶ 16] 'We first addressed the questwn of whether a reaso

2016And, as with many other courts and commentators that have grappled with this issue, our precedent in this area is inconsistent, We have alternated between discouraging a reasonable doubt instruction, Eldredge, 21 P.2d at 547—48 Cloussen, 183 P. at 1056; Goctti-na, 158 P.2d at 882-88 ; to enjoining such an instruction altogether, Blakely, 542 P.2d at 861 ; to relaxing our prohibition and allowing some explanation of reasonable doubt when instructing the jury, Rivera, 987 P.2d at 680-81 ; Solis, 2018 WY 152 , I1 45-49, 815 P.3d at 682-38, [¶ 16] 'We first addressed the questwn of whether a reaso

2016And, as with many other courts and commentators that have grappled with this issue, our precedent in this area is inconsistent, We have alternated between discouraging a reasonable doubt instruction, Eldredge, 21 P.2d at 547—48 Cloussen, 183 P. at 1056; Goctti-na, 158 P.2d at 882-88 ; to enjoining such an instruction altogether, Blakely, 542 P.2d at 861 ; to relaxing our prohibition and allowing some explanation of reasonable doubt when instructing the jury, Rivera, 987 P.2d at 680-81 ; Solis, 2018 WY 152 , I1 45-49, 815 P.3d at 682-38, [¶ 16] 'We first addressed the questwn of whether a reaso

1995Brown, 80 Wyo. at 30 , 336 P.2d at 801 .

1995Brown, 80 Wyo. at 30 , 336 P.2d at 801 .

1995In Summers v. State, 725 P.2d 1033 (Wyo.1986), we recognized that we had embraced 41 C.J.S.

1979Objection to the denial was only that failure of the court to give the instruction was not in “ ‘conformity with the laws of the State of Wyoming,’ ” 515 P.2d at 972 .

1959If any instruction similar to that asked is given it should probably characterize the “dangerous attack” more particularly, as, for example, the instruction which was held should have been given in State v. Burkett, 30 N.M. 382 , 234 P. 681, 685 , where the instruction asked reads as follows: “ ‘You are instructed that one who has reasonable grounds to believe that another will unlawfully attack him, and that the anticipated attack will be of such a character as to endanger his life or limb, or to cause him serious bodily harm, has a right to arm himself for the purpose of resisting such attac

1959If any instruction similar to that asked is given it should probably characterize the “dangerous attack” more particularly, as, for example, the instruction which was held should have been given in State v. Burkett, 30 N.M. 382 , 234 P. 681, 685 , where the instruction asked reads as follows: “ ‘You are instructed that one who has reasonable grounds to believe that another will unlawfully attack him, and that the anticipated attack will be of such a character as to endanger his life or limb, or to cause him serious bodily harm, has a right to arm himself for the purpose of resisting such attac

1959Brown v. State, 85 Tex.Cr. 493 , 213 S.W. 658 .” Special circumstances might require the court to give an instruction on the right of one to arm himself.

1959Brown v. State, 85 Tex.Cr. 493 , 213 S.W. 658 .” Special circumstances might require the court to give an instruction on the right of one to arm himself.

1958We may, however, mention the fact that the presumption mentioned in the refused instruction finds strong support in State v. Watkins, 9 Conn. 47 , 21 Am.Dec. 712; State v. Green, 35 Conn. 203 ; and see People of the State of New York v. Greenfield, 23 Hun 454 , 465, affirmed 85 N.Y. 75 , 39 Am.Rep. 636 ; 40 C.J.S., Homicide, § 198, p. 1098, nn. 40, 41.

1958We may, however, mention the fact that the presumption mentioned in the refused instruction finds strong support in State v. Watkins, 9 Conn. 47 , 21 Am.Dec. 712; State v. Green, 35 Conn. 203 ; and see People of the State of New York v. Greenfield, 23 Hun 454 , 465, affirmed 85 N.Y. 75 , 39 Am.Rep. 636 ; 40 C.J.S., Homicide, § 198, p. 1098, nn. 40, 41.

1952Cr. 382, 81 P. (2d) 323, 328 , the court stated referring to the former Oklahoma case as follows: “This court, as it is now constituted, is not prepared to say that the above statement is wrong as a matter of law, but we do think it is much better for the court to give an instruction defining this term, so the jury may have some conception and understanding of what the law considers being ‘under the influence of intoxicating liquor.’ This is the very gist of the crime.

1937In re Brown’s Will, 194 N. C. 583 , 140 S. E. 192 ; Conway v. Vizzard, 122 Ind. 266 , 23 N. E. 771 ; see also Appeal of Sturdevant, 71 Conn. 392 , 42 Atl. 70 .

1937In re Brown’s Will, 194 N. C. 583 , 140 S. E. 192 ; Conway v. Vizzard, 122 Ind. 266 , 23 N. E. 771 ; see also Appeal of Sturdevant, 71 Conn. 392 , 42 Atl. 70 .

1937In re Brown’s Will, 194 N. C. 583 , 140 S. E. 192 ; Conway v. Vizzard, 122 Ind. 266 , 23 N. E. 771 ; see also Appeal of Sturdevant, 71 Conn. 392 , 42 Atl. 70 .

1937In re Brown’s Will, 194 N. C. 583 , 140 S. E. 192 ; Conway v. Vizzard, 122 Ind. 266 , 23 N. E. 771 ; see also Appeal of Sturdevant, 71 Conn. 392 , 42 Atl. 70 .