Howitt v. State
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The Supreme Court reversed Defendant's conviction of aggravated assault and battery for shooting a man at a campground, holding that the district court erred when it refused to give Defendant's proposed "castle doctrine" instructions.
Defendant was charged with aggravated assault and battery in violation of Wyo. Stat. 6-2-502. Defendant filed a motion to dismiss arguing that he had acted in self-defense and was immune from prosecution under the "castle doctrine." See Wyo. Stat. 6-2-602(f). The district court denied the motion to dismiss, and a jury convicted Defendant of aggravated assault and battery. On appeal, Defendant argued the district court erred when it refused to give his proposed castle doctrine instructions. The Supreme Court reversed, holding (1) Defendant presented competent evidence to create factual issues about whether his vehicle was adapted for overnight accommodation and fit within the definition of "habitation" and whether the victim was in the process of unlawfully and forcefully entering that habitation when he was shot; and (2) because the district court did not allow these factual questions be resolved by the jury, a new trial was required.
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