Brightwell v. State

6 Citing cases

  1. Edge v. State

    647 P.2d 557 (Wyo. 1982)   Cited 4 times

    AGGRAVATED ASSAULT We recently set out the elements of assault with a deadly weapon in Brightwell v. State, Wyo., 631 P.2d 1048, 1050 (1981). "* * * [T]he elements of the crime of assault with a deadly weapon in Wyoming are now the unlawful attempt with unlawful intent (maliciously) to commit a violent injury (attempted battery) upon the person of another, with the use of a deadly weapon in that attempt and the apparent ability to accomplish that injury."

  2. Stamper v. State

    662 P.2d 82 (Wyo. 1983)   Cited 24 times
    Reversing a conviction for assault "while armed with a dangerous or deadly weapon" because the only evidence with respect to a deadly weapon were boots allegedly worn by the defendant, but no evidence at trial could connect the defendant with possession of the boots on the evening in question

    Therefore, to warrant the giving of instructions 8 and 9, it was necessary that there be evidence that the defendant was armed with a deadly weapon. Another difference is that to violate § 6-4-506(b) the defendant must act intentionally ("maliciously"), Brightwell v. State, Wyo., 631 P.2d 1048 (1981) and Brown v. State, Wyo., 590 P.2d 1312 (1979), while under § 6-4-107 the crime of involuntary manslaughter does not require that defendant intend to kill another human being. Our review of the record forces us to the conclusion that the instructions were erroneous. The only evidence with respect to a deadly weapon were the boots allegedly worn by appellant on the evening in question.

  3. Sisneros v. Anderson

    CIVIL NO. 06-3107 (PAM/JSM) (D. Minn. Oct. 9, 2007)

    (ii) Attempts to cause, or intentionally or knowingly causes bodily injury to another with a deadly weapon; . . .Cazier v. State, 148 P.3d 23, 27 (Wyo. 2006) (quoting Wyo. Stat. Ann. § 6-2-502(a)); see also Brightwell v. State, 631 P.2d 1048, 1049 (Wyo. 1981) (finding that the elements of the crime of assault with a deadly weapon in Wyoming are now the unlawful attempt with unlawful intent (maliciously) to commit a violent injury (attempted battery) upon the person of another, with the use of a deadly weapon in that attempt and the apparent ability to accomplish that injury."). Petitioner's offense related to stabbing his former spouse three times, which resulted in her hospitalization for 12 days.

  4. Garcia v. State

    777 P.2d 1091 (Wyo. 1989)   Cited 17 times

    Id. at 904. See also Johnston v. State, 747 P.2d 1132, 1135-36 (Wyo. 1987); Simmons v. State, 674 P.2d 1294, 1297 (Wyo. 1984); Brightwell v.State, 631 P.2d 1048, 1050 (Wyo. 1981). In the present case, the trial court's "Jury Instruction No. 8" properly informed the jury that such inferences were permissible by stating, "[Specific intent] may be determined from all the facts and circumstances surrounding the case."

  5. Simmons v. State

    674 P.2d 1294 (Wyo. 1984)   Cited 11 times
    In Simmons v. State, 674 P.2d 1294 (Wyo. 1984), Simmons was charged with aggravated assault with a dangerous or deadly weapon.

    At a minimum, the terms "assault," "maliciously," "intent," and "dangerous or deadly weapon" need to be defined for the jury. Brightwell v. State, Wyo., 631 P.2d 1048, (1981). Assault in the context of § 6-4-506(b), supra, is defined as:

  6. State v. Lenz

    103 Idaho 632 (Idaho Ct. App. 1982)   Cited 16 times

    Here, it cannot be seriously argued that Lenz wielded the knife and uttered a deadly threat without an appreciation that — under the circumstances — the knife could be considered a deadly weapon. See State v. Gordon, 120 Ariz. 172, 584 P.2d 1163 (1978); State v. Thompson, supra; Brightwell v. State, 631 P.2d 1048 (Wyo. 1981). We hold that I.C. § 18-905 is not constitutionally defective for failure to define precisely the meaning of a "deadly weapon."