ECKERT v. STATE

No. 83-227.

680 P.2d 478 (1984)

William Walter ECKERT, Jr., Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

April 27, 1984.


Attorney(s) appearing for the Case

Leonard D. Munker, State Public Defender; Sylvia Lee Hackl, Appellate Counsel; Martin J. McClain, Asst. Appellate Counsel; Wyoming Public Defender Program, Cheyenne, for appellant.

A.G. McClintock, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., Criminal Div.; John W. Renneisen, Senior Asst. Atty. Gen.; Thomas C. Wilson, Sheridan County Atty.; Patrick Day, Legal Intern, Cheyenne, for appellee.

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


BROWN, Justice.

Appellant William Eckert was convicted by a jury of second-degree murder, defined in § 6-2-104, W.S. 1977 (June 1983 replacement).1 In the five issues raised he contends:

"I. The trial court erred in failing to instruct the jury on the lesser included offense of manslaughter. "II. The trial court abused its discretion and impinged upon appellant's right...

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