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eBook details

• Title: Duran v. State
• Author : Supreme Court of Wyoming
• Release Date : January 04, 1976
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 47 KB

Description

Defendant was convicted of assault and battery while armed with a dangerous or deadly weapon, committed upon his ex-wife, Olivia Montoya, by shooting her with a pistol in violation of § 6-70B, W.S. 1957. Defendant raises two questions in his appeal, seeking reversal of a guilty verdict and sentence. He contends that the trial court should have given a requested instruction advising the jury of the consequences of a verdict of not guilty by reason of mental illness or deficiency. Although he recognizes that this was decided adversely to his position in Lonquest v. State, Wyo., 495 P.2d 575, certiorari denied 409 U.S. 1006, 93 S.Ct. 432, 34 L.Ed.2d 299, he now asserts that because of procedural changes which affect the disposal of a defendant after such verdict (§ 7-242.6(a), W.S. 1957, 1975 Cum.Supp.), it is proper that such an instruction be given. The reasons given in the Lonquest case, at 584, are equally applicable to the changed statutory scheme, and such an instruction would be improper.

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