# State v. Keffer

> Wyoming Supreme Court · September 29, 1993 · 860 P.2d 1118

URL: https://www.frixlaw.com/law-library/cases/9537657

## Case

- **Full name:** The STATE of Wyoming, Plaintiff, v. Lola Mae KEFFER, Defendant
- **Court:** Wyoming Supreme Court
- **Decided:** September 29, 1993
- **Citations:** 860 P.2d 1118; 1993 Wyo. LEXIS 154; 1993 WL 383461
- **Precedential status:** Published
- **Opinion:** Concurrence by Cardine
- **Judges:** MacY, Thomas, Cardine, Golden, Urbigkit
- **Cited by:** 80 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9537657

## How later opinions describe it (automated extraction)

- stating "one offense is not `necessarily included' in another unless the elements of the lesser offense are a subset of the elements of the charged offense" (internal quotation omitted)
- finding that a lesser-included instruction is available in equal measure to the defense and the prosecutor

## Opinion text

CARDINE, Justice,
concurring.
I concur with the observation that putting labels on rules has never been particularly helpful to understanding them. Therefore, I submit a brief statement of my understanding.
The trial judge must first determine if all the elements of the lesser offense are found within the greater; and, if so, is there some evidence that would rationally permit the jury to find the accused guilty of the lesser and not guilty of the greater offense. If such evidence is present, the instruction should be given.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9537657. Public record. Not legal advice.