Wyoming Jury Instruction - First Degree Murder - Premeditated Murder - Transferred Intent
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Online sources: These instructions are the same as those published in Texas Pattern Jury Charges. Westlaw & Lexis both include some filed Texas jury instructions in their trial court document databases.
Section 2. (a) Except as provided in subsection (b), any person who is found guilty of murder in the first degree shall be punished by imprisonment in the state prison for life and shall not be eligible for parole pursuant to section 133A of chapter 127.
The jury is the fact-finder, but it is left to "find" facts only from the evidence which is legally admissible. The judge instructs the jury on the legal principles or rules that must be followed in weighing the facts. If the jury finds the accused guilty or liable, it is up to the judge to sentence the defendant.
The basic format in the Texas Pattern Jury Charges to submit a breach of contract is to ask, as needed, whether the parties had an agreement and whether one or both of the parties failed to comply with the agreement. See PJC 101.1 and 101.2.
It involves the intentional and premeditated killing of another person. Wyoming law stipulates that a conviction can lead to the death penalty, life imprisonment without the possibility of parole, or life imprisonment.
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
The Texas Pattern Jury Charges series is widely accepted by attorneys and judges as the most authoritative guide for drafting questions, instructions, and definitions in a broad variety of cases.
However, if a person is to be convicted of first degree murder, all jurors must agree upon the degree of murder as first degree, People v. Milan (1973) 9 Cal. 3d 185, 195. Consequently, the conviction for first degree murder was reversed and the case remanded to the trial court for a new trial.