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eBook details

• Title: Sindelar v. State
• Author : Supreme Court of the United States
• Release Date : January 21, 1997
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

Joseph Steven Sindelar (Sindelar) asserts as error the refusal of the trial court to give a requested instruction on the crime of reckless endangering as a lesser included offense of the crime of aggravated assault and battery. Sindelar requested an instruction on the lesser included offense at his trial on five counts of aggravated assault and battery; two counts of furnishing alcohol to minors; and one count of possession of a controlled substance. The lesser included offense instruction - Page 731 was requested on the premise that the elements of reckless endangering when a firearm is involved are established by WYO. STAT. § 6-2-504(b) (1988). We hold that the elements of reckless endangering, even when a firearm is involved, are to be found in the definition of the offense set forth in WYO. STAT. § 6-2-504(a) (1988). That definition includes an element not found in the elements of aggravated assault articulated in WYO. STAT. § 6-2-502 (1988), and under our holding in State v. Keffer, 860 P.2d 1118 (Wyo. 1993), the requested instruction properly was refused. The Judgment and Sentence entered in the trial court must be affirmed.

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