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STATE OF WYO. v. BERGER

No. 2593

72 Wyo. 422 (1954)

265 P.2d 1061

THE STATE OF WYOMING, Plaintiff and Respondent, vs. JOHN BERGER, Defendant and Appellant.

Supreme Court of Wyoming

January 26, 1954

Attorney(s) appearing for the Case

For the defendant and appellant the cause was submitted upon the brief of H.F. Fellows of Rapid City, South Dakota; Lem Overpeck of Belle Fourche, South Dakota and R.G. Diefenderfer, of Sheridan, Wyoming, and oral argument by Mr. Diefenderfer.

For the plaintiff and respondent the cause was submitted upon the brief of Howard B. Black, Attorney General; Paul T. Liamos, Jr., Deputy Attorney General, James L. Hettinger and Robert A. McKay, Assistant Attorney General, all of Cheyenne, Wyoming, and oral argument by Mr. Howard B. Black.

OPINION

RINER, Justice:

The defendant and appellant in this case is one John Berger who was the defendant and appellant in our case No. 2614, Glover vs. Berger, Wyo. 263 P.2d 498. It is conceded that this criminal prosecution arose on account of what transpired on September 13, 1951, in front of Berger's house in Crook County, Wyoming, near Oshoto. The facts in the case are quite...

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