Rutledge v. Fort

OPINION

STOWERS, Justice.

On December 4, 1985, this Court issued an alternative writ of superintending control restraining and prohibiting the respondent, the district court, from giving a jury instruction that does not conform to the uniform jury instructions applicable to this criminal prosecution. The petitioner, the State, and the real party in interest, the defendant, have filed briefs and presented oral arguments, and the petitioner now seeks to have the alternative writ made permanent.

We determine two questions. First, is this an appropriate circumstance for the issuance of an…