People v. Wilder

Defendant appeals his conviction by a jury of first-degree murder1 and armed robbery.2 The prosecution sought to establish that defendant and his codefendant, Lee Chester Butts, killed the victim during the course of an armed robbery.

While instructing the jury, the trial court referred to the weapon used to kill the victim as the "murder weapon”. Defendant urges that such reference effectively negated the presumption of innocence by establishing in the minds of the jurors that a murder had been committed. However, the defense theory at trial did not refute the allegation that a murder had…