refusal instruction in Wyoming

1993Nat’l Labor Relations Bd. v. Gullett Gin Co., 340 U.S. 361 , 71 S.Ct. 337 , 95 L.Ed. 337 (1951).

1993Nat’l Labor Relations Bd. v. Gullett Gin Co., 340 U.S. 361 , 71 S.Ct. 337 , 95 L.Ed. 337 (1951).

1993Indeed, the Aim holding appears to place the burden of resolving the doubt on the insurer stating that “the insurer should resolve the doubt in favor of the insured.” 369 P.2d at 219 . [[Image here]] With regard to the duty to defend, the burden shifts to Continental to demonstrate two things if a refusal of defense is contemplated.

1993Indeed, the Alm holding appears to place the burden of resolving the doubt on the insurer stating that "the insurer should resolve the doubt in favor of the insured." 369 P.2d at 219 . * * * * * * With regard to the duty to defend, the burden shifts to Continental to demonstrate two things if a refusal of defense is contemplated.

1992In Muniz v. State, 783 P.2d 141 (Wyo.1989), we held that the record must contain a clear statement sufficient to inform the trial court of the basis of asserted error.

1992In Muniz v. State, 783 P.2d 141 (Wyo.1989), we held that the record must contain a clear statement sufficient to inform the trial court of the basis of asserted error.

1985We held there that the refusal of the instruction was not error since the instruction given need not be “couched in the precise words requested by a party.” Id. at 1112 .

1977The refusal of a similar instruction was upheld in Alcala v. State, Wyo. 1971, 487 P.2d 448 , cert. den. 405 U.S. 997 , 92 S.Ct. 1259 , 31 L.Ed.2d 466 , reh. den. 406 U.S. 911 , 92 S.Ct. 1613 , 31 L.Ed.2d 823 , both because the falsity of the exculpatory statements was shown by circumstantial evidence and because the cited rule requiring the instruction had lacked general acceptance elsewhere, 487 P.2d at 462 ; State v. Casaus, 1963, 73 N.M. 152 , 386 P.2d 246, 248 ; State v. Parker, 1960, 33 N.J. 79 , 162 A.2d 568, 575 .

1977The refusal of a similar instruction was upheld in Alcala v. State, Wyo. 1971, 487 P.2d 448 , cert. den. 405 U.S. 997 , 92 S.Ct. 1259 , 31 L.Ed.2d 466 , reh. den. 406 U.S. 911 , 92 S.Ct. 1613 , 31 L.Ed.2d 823 , both because the falsity of the exculpatory statements was shown by circumstantial evidence and because the cited rule requiring the instruction had lacked general acceptance elsewhere, 487 P.2d at 462 ; State v. Casaus, 1963, 73 N.M. 152 , 386 P.2d 246, 248 ; State v. Parker, 1960, 33 N.J. 79 , 162 A.2d 568, 575 .

1977The refusal of a similar instruction was upheld in Alcala v. State, Wyo. 1971, 487 P.2d 448 , cert. den. 405 U.S. 997 , 92 S.Ct. 1259 , 31 L.Ed.2d 466 , reh. den. 406 U.S. 911 , 92 S.Ct. 1613 , 31 L.Ed.2d 823 , both because the falsity of the exculpatory statements was shown by circumstantial evidence and because the cited rule requiring the instruction had lacked general acceptance elsewhere, 487 P.2d at 462 ; State v. Casaus, 1963, 73 N.M. 152 , 386 P.2d 246, 248 ; State v. Parker, 1960, 33 N.J. 79 , 162 A.2d 568, 575 .

1977The refusal of a similar instruction was upheld in Alcala v. State, Wyo. 1971, 487 P.2d 448 , cert. den. 405 U.S. 997 , 92 S.Ct. 1259 , 31 L.Ed.2d 466 , reh. den. 406 U.S. 911 , 92 S.Ct. 1613 , 31 L.Ed.2d 823 , both because the falsity of the exculpatory statements was shown by circumstantial evidence and because the cited rule requiring the instruction had lacked general acceptance elsewhere, 487 P.2d at 462 ; State v. Casaus, 1963, 73 N.M. 152 , 386 P.2d 246, 248 ; State v. Parker, 1960, 33 N.J. 79 , 162 A.2d 568, 575 .

1977The refusal of a similar instruction was upheld in Alcala v. State, Wyo. 1971, 487 P.2d 448 , cert. den. 405 U.S. 997 , 92 S.Ct. 1259 , 31 L.Ed.2d 466 , reh. den. 406 U.S. 911 , 92 S.Ct. 1613 , 31 L.Ed.2d 823 , both because the falsity of the exculpatory statements was shown by circumstantial evidence and because the cited rule requiring the instruction had lacked general acceptance elsewhere, 487 P.2d at 462 ; State v. Casaus, 1963, 73 N.M. 152 , 386 P.2d 246, 248 ; State v. Parker, 1960, 33 N.J. 79 , 162 A.2d 568, 575 .

1977The refusal of a similar instruction was upheld in Alcala v. State, Wyo. 1971, 487 P.2d 448 , cert. den. 405 U.S. 997 , 92 S.Ct. 1259 , 31 L.Ed.2d 466 , reh. den. 406 U.S. 911 , 92 S.Ct. 1613 , 31 L.Ed.2d 823 , both because the falsity of the exculpatory statements was shown by circumstantial evidence and because the cited rule requiring the instruction had lacked general acceptance elsewhere, 487 P.2d at 462 ; State v. Casaus, 1963, 73 N.M. 152 , 386 P.2d 246, 248 ; State v. Parker, 1960, 33 N.J. 79 , 162 A.2d 568, 575 .

1977The refusal of a similar instruction was upheld in Alcala v. State, Wyo. 1971, 487 P.2d 448 , cert. den. 405 U.S. 997 , 92 S.Ct. 1259 , 31 L.Ed.2d 466 , reh. den. 406 U.S. 911 , 92 S.Ct. 1613 , 31 L.Ed.2d 823 , both because the falsity of the exculpatory statements was shown by circumstantial evidence and because the cited rule requiring the instruction had lacked general acceptance elsewhere, 487 P.2d at 462 ; State v. Casaus, 1963, 73 N.M. 152 , 386 P.2d 246, 248 ; State v. Parker, 1960, 33 N.J. 79 , 162 A.2d 568, 575 .

1977The refusal of a similar instruction was upheld in Alcala v. State, Wyo. 1971, 487 P.2d 448 , cert. den. 405 U.S. 997 , 92 S.Ct. 1259 , 31 L.Ed.2d 466 , reh. den. 406 U.S. 911 , 92 S.Ct. 1613 , 31 L.Ed.2d 823 , both because the falsity of the exculpatory statements was shown by circumstantial evidence and because the cited rule requiring the instruction had lacked general acceptance elsewhere, 487 P.2d at 462 ; State v. Casaus, 1963, 73 N.M. 152 , 386 P.2d 246, 248 ; State v. Parker, 1960, 33 N.J. 79 , 162 A.2d 568, 575 .

1977The refusal of a similar instruction was upheld in Alcala v. State, Wyo. 1971, 487 P.2d 448 , cert. den. 405 U.S. 997 , 92 S.Ct. 1259 , 31 L.Ed.2d 466 , reh. den. 406 U.S. 911 , 92 S.Ct. 1613 , 31 L.Ed.2d 823 , both because the falsity of the exculpatory statements was shown by circumstantial evidence and because the cited rule requiring the instruction had lacked general acceptance elsewhere, 487 P.2d at 462 ; State v. Casaus, 1963, 73 N.M. 152 , 386 P.2d 246, 248 ; State v. Parker, 1960, 33 N.J. 79 , 162 A.2d 568, 575 .

1977The refusal of a similar instruction was upheld in Alcala v. State, Wyo. 1971, 487 P.2d 448 , cert. den. 405 U.S. 997 , 92 S.Ct. 1259 , 31 L.Ed.2d 466 , reh. den. 406 U.S. 911 , 92 S.Ct. 1613 , 31 L.Ed.2d 823 , both because the falsity of the exculpatory statements was shown by circumstantial evidence and because the cited rule requiring the instruction had lacked general acceptance elsewhere, 487 P.2d at 462 ; State v. Casaus, 1963, 73 N.M. 152 , 386 P.2d 246, 248 ; State v. Parker, 1960, 33 N.J. 79 , 162 A.2d 568, 575 .

1977The refusal of a similar instruction was upheld in Alcala v. State, Wyo. 1971, 487 P.2d 448 , cert. den. 405 U.S. 997 , 92 S.Ct. 1259 , 31 L.Ed.2d 466 , reh. den. 406 U.S. 911 , 92 S.Ct. 1613 , 31 L.Ed.2d 823 , both because the falsity of the exculpatory statements was shown by circumstantial evidence and because the cited rule requiring the instruction had lacked general acceptance elsewhere, 487 P.2d at 462 ; State v. Casaus, 1963, 73 N.M. 152 , 386 P.2d 246, 248 ; State v. Parker, 1960, 33 N.J. 79 , 162 A.2d 568, 575 .

1977The refusal of a similar instruction was upheld in Alcala v. State, Wyo. 1971, 487 P.2d 448 , cert. den. 405 U.S. 997 , 92 S.Ct. 1259 , 31 L.Ed.2d 466 , reh. den. 406 U.S. 911 , 92 S.Ct. 1613 , 31 L.Ed.2d 823 , both because the falsity of the exculpatory statements was shown by circumstantial evidence and because the cited rule requiring the instruction had lacked general acceptance elsewhere, 487 P.2d at 462 ; State v. Casaus, 1963, 73 N.M. 152 , 386 P.2d 246, 248 ; State v. Parker, 1960, 33 N.J. 79 , 162 A.2d 568, 575 .

1977The refusal of a similar instruction was upheld in Alcala v. State, Wyo. 1971, 487 P.2d 448 , cert. den. 405 U.S. 997 , 92 S.Ct. 1259 , 31 L.Ed.2d 466 , reh. den. 406 U.S. 911 , 92 S.Ct. 1613 , 31 L.Ed.2d 823 , both because the falsity of the exculpatory statements was shown by circumstantial evidence and because the cited rule requiring the instruction had lacked general acceptance elsewhere, 487 P.2d at 462 ; State v. Casaus, 1963, 73 N.M. 152 , 386 P.2d 246, 248 ; State v. Parker, 1960, 33 N.J. 79 , 162 A.2d 568, 575 .

1977The refusal of a similar instruction was upheld in Alcala v. State, Wyo. 1971, 487 P.2d 448 , cert. den. 405 U.S. 997 , 92 S.Ct. 1259 , 31 L.Ed.2d 466 , reh. den. 406 U.S. 911 , 92 S.Ct. 1613 , 31 L.Ed.2d 823 , both because the falsity of the exculpatory statements was shown by circumstantial evidence and because the cited rule requiring the instruction had lacked general acceptance elsewhere, 487 P.2d at 462 ; State v. Casaus, 1963, 73 N.M. 152 , 386 P.2d 246, 248 ; State v. Parker, 1960, 33 N.J. 79 , 162 A.2d 568, 575 .

1970Zanetti Bus Lines, Inc., v. Logan, Wyo., 400 P.2d 482, 487 .

1970To have given plaintiff’s tendered instruction would clearly be subject to the criticism we made in Stringer v. Board of County Commissioners of Big Horn County, Wyo., 347 P.2d 197, 201 , that “The result tends to be the promulgation of an uncoordinated series of statements which often lose sight of the true governing factors in the litigation.” In addition, of course, a party is not prejudiced by the refusal of an instruction when the matter is covered by the instructions given.

1952In State v. Eldredge, 45 Wyo. 488 , 21 Pac. (2d) 545 , we held that where a defendant was convicted of second degree murder, he was not prejudiced by giving or refusal of instructions relating to first degree murder.

1952In State v. Eldredge, 45 Wyo. 488 , 21 Pac. (2d) 545 , we held that where a defendant was convicted of second degree murder, he was not prejudiced by giving or refusal of instructions relating to first degree murder.

1952Thus it was held in People v. Kimmerle, 90 Cal. App. 186 ; 265 Pac. 525 , that the refusal of an instruction in connection with the crime of mayhem was not prejudicial where the defendant was acquitted of that crime, but was convicted of the crime of inflicting great bodily injury.

1952Thus it was held in People v. Kimmerle, 90 Cal. App. 186 ; 265 Pac. 525 , that the refusal of an instruction in connection with the crime of mayhem was not prejudicial where the defendant was acquitted of that crime, but was convicted of the crime of inflicting great bodily injury.