principle error in Wyoming

2017Id. at ¶ 26, 197 P.3d at 1252 . [¶17] In Seymore v. State, 2007 WY 32, ¶ 18 , 152 P.3d 401, 408 (Wyo. 2007) (abrogated on other grounds by Granzer v. State, 2008 WY 118 , 193 P.3d 266 (Wyo. 2008)), during voir dire, the prosecutor stated: If the defense has evidence they want you to consider in deciding this case, then they should put it to you.

2015Id., €26, 197 P.3d at 1252 .

2017Id. at ¶ 26, 197 P.3d at 1252 . [¶17] In Seymore v. State, 2007 WY 32, ¶ 18 , 152 P.3d 401, 408 (Wyo. 2007) (abrogated on other grounds by Granzer v. State, 2008 WY 118 , 193 P.3d 266 (Wyo. 2008)), during voir dire, the prosecutor stated: If the defense has evidence they want you to consider in deciding this case, then they should put it to you.

2017Id. at ¶ 26, 197 P.3d at 1252 . [¶17] In Seymore v. State, 2007 WY 32, ¶ 18 , 152 P.3d 401, 408 (Wyo. 2007) (abrogated on other grounds by Granzer v. State, 2008 WY 118 , 193 P.3d 266 (Wyo. 2008)), during voir dire, the prosecutor stated: If the defense has evidence they want you to consider in deciding this case, then they should put it to you.

2003Rather, the Confrontation Clause, in its optimum application, envisions: "[A] personal examination and cross-examination of the witness in which the accused has an opportunity, not only of testing the recollection and sifting the conscience of the witness, but of compelling him to stand face to face with the jury in order that they may look at him, and judge by his demeanor upon the stand and the manner in which he gives his testimony whether he is worthy of belief" Mattox v. United States, 156 U.S. 237, 242-43 , 15 S.Ct. 337 , 39 L.Ed. 409 (1895).... 789 F.2d at 1487 . [134] These cases - are

2003Rather, the Confrontation Clause, in its optimum application, envisions: "[A] personal examination and cross-examination of the witness in which the accused has an opportunity, not only of testing the recollection and sifting the conscience of the witness, but of compelling him to stand face to face with the jury in order that they may look at him, and judge by his demeanor upon the stand and the manner in which he gives his testimony whether he is worthy of belief" Mattox v. United States, 156 U.S. 237, 242-43 , 15 S.Ct. 337 , 39 L.Ed. 409 (1895).... 789 F.2d at 1487 . [134] These cases - are

2003The court quoted Smith, 692 F.2d at 697-98 , for the principle that the requirement of evidence independent of a coconspirator's out-of-court statement does not apply to a coconspirator's in-court testimony and then said: There is no constitutional requirement that such testimony be examined for trustworthiness before being placed before the jury.

2003Rather, the Confrontation Clause, in its optimum application, envisions: "[A] personal examination and cross-examination of the witness in which the accused has an opportunity, not only of testing the recollection and sifting the conscience of the witness, but of compelling him to stand face to face with the jury in order that they may look at him, and judge by his demeanor upon the stand and the manner in which he gives his testimony whether he is worthy of belief" Mattox v. United States, 156 U.S. 237, 242-43 , 15 S.Ct. 337 , 39 L.Ed. 409 (1895).... 789 F.2d at 1487 . [134] These cases - are

1986Gustavenson was cited with approval on this issue in the 1971 case of Teton v. State, Wyo., 482 P.2d 123 .

1986The court held: “ * * * But it is proper to be observed, though the point does not affect this case, that in reason and upon the authorities the court erred in applying the principle stated in the instruction to murder in the second degree. * * * What constitutes murder in the second degree by a sober man is equally murder in the second degree if committed by a drunken man.” 68 P. at 1010 .

1981Subsequent to Taylor v. Kentucky, supra, the United States Supreme Court decided Kentucky v. Whorton, 441 U.S. 786 , 99 S.Ct. 2088 , 60 L.Ed.2d 640 (1980).

1981Subsequent to Taylor v. Kentucky, supra, the United States Supreme Court decided Kentucky v. Whorton, 441 U.S. 786 , 99 S.Ct. 2088 , 60 L.Ed.2d 640 (1980).

1981Subsequent to Taylor v. Kentucky, supra, the United States Supreme Court decided Kentucky v. Whorton, 441 U.S. 786 , 99 S.Ct. 2088 , 60 L.Ed.2d 640 (1980).

1910It was equivalent to a statement to the jury that the charges made against the plaintiff in. error were true, or he would have denied them, and being true he ought to have been convicted of rape, and if not of rape, then of perjury.” And counsel refer us to the principle that a presumption of prejudice arises from the admission of irrelevant or illegal evidence, citing 12 Cyc. 912, and other authorities, and particularly urge as the correct rule a statement found in the opinion in the case of People v. Smith, 172 N. Y. 210 , to the effect that the burden of showing that the illegal and imprope

1910Counsel .also cite Kirby v. People, 123 Ill. 436 , 15 N. E. 33 , and quote therefrom with other parts of the opinion the following: “The rule is not as quoted by the State’s attorney, that it is only 'when the court can see that the admission of improper evidence or the exclusion of proper evidence has worked an injury' to the party complaining, that the judgment will be reversed-,’ but it is that the court will not affirm where error has intervened, unless it shall appear from the whole record that such error could not reasonably have affected the result.

1910Counsel .also cite Kirby v. People, 123 Ill. 436 , 15 N. E. 33 , and quote therefrom with other parts of the opinion the following: “The rule is not as quoted by the State’s attorney, that it is only 'when the court can see that the admission of improper evidence or the exclusion of proper evidence has worked an injury' to the party complaining, that the judgment will be reversed-,’ but it is that the court will not affirm where error has intervened, unless it shall appear from the whole record that such error could not reasonably have affected the result.