Stamper v. State

ROONEY, Chief Justice,

specially concurring.

I concur with the result reached by the majority opinion but do so only because the evidence does not warrant the giving of the instruction relative to the elements of § 6 — 4r-506(b), W.S.19771 (assault with a *94dangerous weapon) as a lesser-included offense to the crime of manslaughter, and I reach this conclusion in a fashion somewhat different than that of the majority opinion.

We have upheld convictions under the statute in fact situations in which the issue relative to being armed with a dangerous weapon, as opposed to using or exhibiting a…