Cecil v. State
Annotate this CaseAfter a jury trial, Appellant was convicted of aggravated assault and battery, simple assault, and strangulation of a household member. The Supreme Court affirmed Appellant’s conviction and sentence for aggravated assault and battery but reversed Appellant’s assault conviction and remanded for an order vacating that conviction and sentence, holding that the district court (1) did not commit plain error in instructing the jury on the elements of aggravated assault and battery under Wyo. Stat. Ann. 6-2-502(a)(i); but (2) erred in instructing the jury to consider assault as a lesser included offense of aggravated assault and battery under Wyo. Stat. Ann. 6-2-502(a)(iii), and the instruction was necessarily prejudicial to Appellant.
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