Merle Charles Vigil, Appellant (defendant Below) v. the State of Wyoming, Appellee (plaintiff Below)

Summary

The Wyoming Supreme Court affirmed Merle Vigil's conviction and single four-to-ten-year sentence on one count of assault with a deadly weapon arising from a shooting at an occupied vehicle. The court held the pretrial bail was not excessive and caused no prejudice to trial preparation, that returning verdicts on five counts but sentencing on only one did not violate double jeopardy because the malicious-assault statute protects each individual victim, and that Instruction No. 9 on intent was proper in this general-intent crime. Justice Rose, specially concurring in the result only, joined by Justice McClintock, objected to the majority's decision to decide the bail and double jeopardy issues solely under the Wyoming Constitution rather than preserved federal constitutional grounds.