Cutbirth v. State

BROWN, Justice.

Appellant was convicted by a Lincoln County jury of second degree murder in violation of § 6-4-104, W.S.1977. 1 He raises three issues:

“1. Whether the evidence is sufficient to prove, beyond a reasonable doubt, that appellant killed his wife ‘maliciously and purposely.’

“2. Whether the evidence indicates the appellant’s conduct was, at most, negligent.

“3. Whether the jury instructions on involuntary manslaughter misdefined the elements of offense and were so confusing and misleading that they deprived the appellant of a lesser included offense instruction and constitute plain…