Exceptions Unnecessary

Wyoming Rules of Criminal Procedure

Rule: 51

Jurisdiction: WY

Bluebook Citation: Wyo. R. Crim. P. 51

Exceptions to rulings or orders of the court are unnecessary and for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which that party desires the court to take or that party’s objection to the action of the court and the grounds therefor; but if a party has no opportunity to object to a ruling or order, the absence of an objection does not thereafter prejudice that party. Compare. — Rule 51, Fed. Rules Cr. Proc. Where no objection was made to testi- mony, defendant cannot be heard to com- plain on appeal. — Loddy v. State, 502 P.2d 194, 1972 Wyo. LEXIS 277 (Wyo. 1972), cert. denied, 414 U.S. 1134, 94 S. Ct. 877, 38 L. Ed. 2d 760, 1974 U.S. LEXIS 1493 (U.S. 1974). Unobjected to failure to give instruction nonreversible unless plain or fundamen- tal error. — Where record reveals the offer of an instruction concerning testimony of charac- ter witnesses, but it is silent as to any objection by counsel to the judge’s refusal to give such, the Supreme Court will not consider the con- tention of a denial of a fair trial unless the failure to give such instruction was plain or fundamental error. Elam v. State, 578 P.2d 1367, 1978 Wyo. LEXIS 199 (Wyo. 1978).

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