A trespass to personal property is t he use of someone's property without person. A conversion occurs when personal property is taken by a defendant and kept from its true owner without permission of the owner. Conversion is the civil side of the crime of theft. Demand and refusal are necessary for the maintenance of an action for conversion in all cases in which defendant was rightfully in possession.
Wyoming Instruction to Jury: Demand for and Refusal of Possession as Prima Facie Evidence of Conversion In Wyoming, when a conversion claim is brought before a jury, it may be crucial for the jury to understand the concept of demand for possession and its refusal as potential evidence of the defendant's conversion of the property. This detailed description aims to explain what a Wyoming instruction to jury on demand for and refusal of possession as prima facie evidence of conversion entails. Demand for possession refers to a formal request made by the rightful owner to the alleged convert, demanding the return of the property unlawfully withheld or wrongfully dealt with. In a conversion case, this demand serves as an important element to establish the plaintiff's assertion of ownership and the defendant's possession of the disputed property. Refusal to comply with a legitimate demand for possession signifies the defendant's rejection or failure to return the property upon demand. In some instances, a refusal may be explicit, while in others, it can be implied by actions or conduct demonstrating the defendant's refusal to relinquish control or acknowledge the rightful owner's claims. In a Wyoming instruction to jury, the court may provide guidance emphasizing that the demand for and refusal of possession, when shown by the plaintiff, creates a presumption or prima facie evidence of the defendant's conversion. This means that if the plaintiff can produce sufficient evidence of a valid demand and subsequent refusal, it creates a presumption of the defendant's guilt of conversion, shifting the burden of proof to the defendant to demonstrate a lawful defense or justification for their actions. Different types or variations of this instruction may exist based on the specific circumstances of the case. For example, the jury instruction may address situations where the demand for possession was made in writing versus orally, or it may discuss cases where the refusal was explicit versus cases where it can be inferred from the defendant's conduct or statements. These variations aim to provide clarity to the jury members, ensuring they understand the evidentiary weight to assign when the demand for and refusal of possession has been presented as evidence in court. Overall, a Wyoming instruction to jury regarding demand for and refusal of possession as prima facie evidence of conversion is designed to assist the jury in reaching a fair and just verdict. It enables them to consider the significance of the demand and refusal in evaluating the defendant's actions and assessing their liability for conversion. By following this instruction, the jury is guided to evaluate the evidence presented and make an informed decision based on the specific circumstances of the case.
