Johnston v. State

HANSCUM, District Judge.

This is an appeal from a conviction for aggravated assault and battery in violation of § 6 — 2—502(a)(iii), W.S.1977 (Cum.Supp. 1986), 1 brought under a claim of plain error under Rule 49(b), Wyoming Rules of Criminal Procedure. 2 Appellant contends that the trial court committed plain error by giving two supplemental instructions further defining the term “threat” as an ingredient of the essential elements of the charged offense. The trial court gave the additional instructions in response to specific questions raised by the jury during deliberations.

Appellant’s…