[Download] "Elmer v. State" by Supreme Court of Wyoming ~ eBook PDF Kindle ePub Free
eBook details
- Title: Elmer v. State
- Author : Supreme Court of Wyoming
- Release Date : January 30, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Robert C. Elmer was charged under the provisions of § 6-63(A), W.S. 1957 (1969 Cumulative Supp.), with the forcible rape of Diana Flis, a 19-year-old, unmarried girl, on February 25, 1968. He was tried by jury, convicted, sentenced to a term of two to four years, and has appealed, charging various errors. The first four of these, although listed separately as identification, alibi, flight, and improbability of the testimony of the complaining witness, must be categorized and treated as aspects of a claimed insufficiency of the evidence to support the verdict and judgment. In addition to this first group, defendant charges error in the prosecutors opening and closing statements, his use of law enforcement officers in questioning defense witnesses, which allegedly intimidated them during the trial, and the giving of an instruction to the jury some time after the case had been submitted to it. Counsel urge that either the giving of the instruction under the circumstances of this case or the misstatement of defendants testimony by the prosecuting attorney in his closing argument justify a reversal and - Page 16 that the total cumulative effect of all the points raised was to deny the defendant the fair trial to which he was entitled.
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