Duke v. State
Duke v. State, 2004 WY 120, PP 6-9, 99 P.3d 928, 934 (Wyo. 2004) involved an appeal of a first degree murder conviction.
In Duke the defendant objected to a jury instruction that enumerated the elements of first degree murder then followed with the statement that "if you find from your consideration of all the evidence that any of these elements has been proved beyond a reasonable doubt, then you should find the defendant guilty." Id. P 92, 99 P.3d at 955 .
However, the paragraph immediately following this incorrect instruction did correctly state the law as follows:
If, on the other hand, you find from your consideration of all the evidence that each of these elements has not been proved beyond a reasonable doubt, then you should find the defendant not guilty. Id.
The court read the instructions as a whole and found that the second correct statement cured the first incorrect one. Id. P 95, 99 P.3d at 955.
Thus, the mistake did not rise to the level of a plain error requiring a new trial. Id. P 98, 99 P.3d at 956.