KRUCHECK v. STATE

No. 83-35.

671 P.2d 1222 (1983)

Martin KRUCHECK, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

October 20, 1983.


Attorney(s) appearing for the Case

Thos. J. Fagan and James W. Fagan of Fagan & Fagan, Casper, for appellant.

A.G. McClintock, Atty. Gen.; Gerald A. Stack, Deputy Atty. Gen.; Mary B. Guthrie, and John W. Renneisen, Senior Asst. Atty. Gen., Cheyenne, for appellee.

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


BROWN, Justice.

Appellant was convicted by a jury of second-degree murder which is defined in § 6-2-104, W.S. 1977 (June 1983 Replacement). In his appeal, he has raised several issues. Because of our disposition of the case, we only address whether the trial court erred in instructing the jury that "the use of a deadly weapon in a deadly or dangerous manner raises a presumption of malice."

We reverse and remand...

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