(Download) "State Idaho v. William Ray Wheeler" by Court of Appeals of Idaho No. 15771 " eBook PDF Kindle ePub Free
eBook details
- Title: State Idaho v. William Ray Wheeler
- Author : Court of Appeals of Idaho No. 15771
- Release Date : January 13, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
William Ray Wheeler was convicted by a jury of second degree murder and received an indeterminate life sentence. On appeal, Wheeler raises three issues. First, Wheeler argues that the trial court erred in giving to the jury instructions on aiding and abetting, since the state's theory of prosecution alleged that Wheeler committed the murder. Second, Wheeler asserts that the court improperly limited cross-examination of a prosecution witness. Third, Wheeler challenges the length of his sentence. We affirm. Wheeler was charged with first degree murder, I.C. § 18-4001, and with the use of a firearm in the commission of murder, I.C. § 19-2520, for the shotgun slaying of Bobby Wright. The information alleged that Wheeler actually shot and killed Wright, and the state prosecuted Wheeler on that theory. The prosecutor presented evidence that both Wheeler and Bob Paul, the state's chief witness, were present during the killing. Paul testified that Wheeler shot Wright. Wheeler, who elected not to testify, presented evidence through other witnesses and by cross-examination of Paul indicating that perhaps Bob Paul was the actual murderer. The Judge, after the defense had rested its case, gave jury instructions allowing the jury to find Wheeler guilty of aiding and abetting the murder. The jury returned a verdict of guilty of second degree murder. The jury also returned a verdict of not guilty of using a firearm in the commission of a crime, a verdict admittedly in contradiction of the state's theory that Wheeler did the shooting. The Judge imposed an indeterminate life sentence for the second degree murder conviction. We address each of Wheeler's issues in turn.
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