The State of Wyoming, Plaintiff v. Lola Mae Keffer, Defendant

Summary

The court held that the State could obtain a voluntary-manslaughter instruction in a second-degree-murder prosecution despite the defendant's written waiver, because the governing rule gives the prosecution and defense equal rights and the State objected to the waiver. It adopted a statutory-elements test for identifying lesser included offenses and held that the evidence presented a rational basis for the jury to find voluntary manslaughter rather than second-degree murder. The court also held that the bill of exceptions substantially complied with jurisdictional requirements and did not affect the defendant's acquittal. Justice Cardine, concurring, stated that the instruction should be given when the lesser offense's elements are included in the greater offense and some evidence would rationally support conviction of the lesser but not the greater offense.