Wyoming Supreme Court

James F. Westwood, Appellant (defendant) v. the State of Wyoming, Appellee (plaintiff)

January 15, 19851985 Wyo. LEXIS 426

Summary

The court affirmed Westwood's convictions for aggravated assault and battery and unauthorized use of a motor vehicle. It held that the scissors were sufficiently authenticated through testimony identifying their seizure from Westwood, their custody, and their distinctive appearance, and that the evidence supported submitting the effect of intoxication on specific intent to the jury. No separate opinions were filed.

Holding

  • Authentication of the school scissors. The scissors were sufficiently authenticated and were properly admitted into evidence because testimony established that they were taken from Westwood at the apprehension site, transferred through police custody, placed in the evidence locker, and identified by the victim as the scissors used in the stabbing.
  • Effect of intoxication on specific intent. The evidence was sufficient to submit to the jury the factual question whether Westwood's intoxication prevented him from forming the specific intent required for unauthorized use of a motor vehicle, and the jury's adverse resolution of that question was supported by the record.

Docket 83-202

Cited authorities

  • Rule 104(b)
  • Rule 104(b)
  • Fed. R. Evid. 901(a)

Cited by

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