State v. Selig

ROONEY, Justice.

Upon application of the Attorney General,1 this court allowed the filing of a bill of exceptions under the provisions of §§ 7-12— 102 to 7-12-105, W.S.1977. The bill of ex*788ceptions challenges the trial court’s refusal to give the lesser-included offense instruction requested by the prosecution at the trial of this matter. The defendant was charged with three counts of first-degree murder of three hunters in the Big Horn mountains. He was tried twice on these charges. During the first trial, presided over by Judge Dixon, the prosecution requested jury instructions on…