SCHMUCK v. STATE

S-16-0175. S-17-0037.

406 P.3d 286 (2017)

2017 WY 140

Terry Laverne SCHMUCK, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

November 30, 2017.


Attorney(s) appearing for the Case

Representing Appellant: Office of the State Public Defender: Diane M. Lozano , State Public Defender; Tina N. Olson , Chief Appellate Counsel; Eric M. Alden , Senior Assistant Appellate Counsel. Argument by Mr. Alden.

Representing Appellee: Peter K. Michael , Wyoming Attorney General; David L. Delicath , Deputy Attorney General; Christyne M. Martens , Senior Assistant Attorney General. Argument by Ms. Martens.

Before BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.


[¶ 1] Appellant, Terry L. Schmuck, appeals his conviction of attempted second-degree murder. Mr. Schmuck claims that the district court improperly instructed the jury regarding sudden heat of passion, the definition of "malice" in the context of first-degree murder, the definition of "maliciously" in the context of second-degree...

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