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Ross v. State

Wyoming Supreme Court
57 P. 294 (Wyo. 1899)


Facts

Francis Ross (defendant) was charged with first-degree murder after he shot and killed a rival saloon owner. The parties disputed what happened, but the evidence showed Ross tried to provoke the victim by insulting him, resulting either in a gun battle between the two men or Ross shooting the victim unprovoked. However, the prosecution’s (plaintiff’s) evidence showed the victim did not have a gun. The trial court instructed the jury that malice may be implied. The jury convicted Ross of second-degree murder with life in prison. Ross appealed, arguing the trial court should not have allowed the implied-malice instruction.

Rule of Law

Issue

Holding and Reasoning (Knight, J.)

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