Schnitker v. State
Annotate this CaseThe Supreme Court affirmed Defendant’s conviction of first-degree felony murder but vacated Appellant’s sentence for the aggravated burglary conviction, the underlying felony. The court held (1) the district court did not err in refusing to instruct the jury that self-defense could be raised as a defense to a charge of felony murder; (2) the district court did not abuse its discretion in denying Appellant’s request to instruct the jury on the definition of the phrase “in the perpetration of” as used in Wyo. Stat. Ann. 6-2-101; but (3) the district court’s issuance of convictions for felony murder and aggravated burglary, the underlying felony, violated protections against double jeopardy.
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