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HOLLOMAN v. STATE

No. 00-202.

51 P.3d 214 (2002)

2002 WY 117

Brian Keith HOLLOMAN, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

July 31, 2002.

Attorney(s) appearing for the Case

Sylvia Lee Hackl, State Public Defender; Marion Yoder, Senior Assistant Public Defender; Diane Courselle, Faculty Director, and Dwight H. Mann, Student Intern, of the Defender Aid Program, Representing Appellant. Argument by Mr. Mann.

Gay Woodhouse, Wyoming Attorney General; Paul S. Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; T. Alan Elrod, Assistant Attorney General, Representing Appellee. Argument by Mr. Elrod.

Before LEHMAN, C.J., and GOLDEN, HILL, KITE, and VOIGT, JJ.

GOLDEN, Justice.

[¶ 1] In this appeal, the trial court failed to give a requested self-defense instruction to the jury during trial for one count of first degree premeditated murder. Our jurisprudence has established that the defenses of self-defense and accident are mutually exclusive when applied to the shooting death of a victim. However, in this particular case, Appellant Brian Keith Holloman claimed that his act of self-defense by striking blows against...

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