TAYLOR v. STATE

No. 5214.

612 P.2d 851 (1980)

Walter E. TAYLOR, Appellant (Defendant below), v. The STATE of Wyoming, Appellee (Plaintiff below).

Supreme Court of Wyoming.

May 30, 1980.


Attorney(s) appearing for the Case

Gerald M. Gallivan, Atty.-Director, Wyoming Defender Aid Program, Richard R. Honaker, Public Defender, Cheyenne, Michael H. Schilling, App. Counsel, State Public Defender, and Paul H. Byrtus, Student Intern, Wyoming Defender Aid Program, Laramie, for appellant.

John D. Troughton, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., Richard Scott Rideout, Asst. Atty. Gen., Marta Adams, Asst. Atty. Gen., Cheyenne, and Lowell H. Fitch, County Atty., Goshen County, for appellee.

Before RAPER, C.J., and McCLINTOCK, THOMAS, ROSE and ROONEY, JJ.


ROSE, Justice.

This appeal asks this question: May a criminal defendant in a Wyoming State court waive his right to a unanimous jury verdict by stipulating with the State and the court that a majority jury verdict will govern? We will hold that a defendant may waive a unanimous verdict under the conditions and according to the standards herein set out and established, but, under the facts of this case, the defendant did not do so. We will, therefore, reverse the 10...

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