State v. Byrd

Defendant James Byrd was convicted of assault in the second degree. He challenges the trial court’s use of a jury instruction based on former WPIC 35.50, contending the instruction’s second paragraph unconstitutionally relieved the State of its burden of proving the Defendant’s intent to cause apprehension and fear of bodily harm. The Court of Appeals reversed Byrd’s conviction on that basis, holding the challenged instruction denied the Defendant a fair trial. This court granted the State’s petition for review and we now affirm the decision of the Court of Appeals.

Background

In December 1989,…