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STATE v. SPEARS

No. 2729

76 Wyo. 82 (1956)

300 P.2d 551

THE STATE OF WYOMING, Plaintiff and Respondent, vs. ELMO DEMPSEY SPEARS, Defendant and Appellant.

Supreme Court of Wyoming

July 24, 1956

Attorney(s) appearing for the Case

For the defendant and appellant, the cause was submitted upon the brief of Goppert & Fitzstephens of Cody, Wyoming, and oral argument by E.J. Goppert.

For the plaintiff and respondent the cause was submitted upon the brief of George F. Guy, Attorney General, Robert H. McPhillamey, Deputy Attorney General, Howard B. Black, Walter J. Muir, and Arthur F. Fisher, Assistant Attorneys General, of Cheyenne, Wyoming, and oral argument by Mr. Fisher and Wilbur O. Henderson, County and Prosecuting Attorney, Big Horn County, of Basin, Wyoming.

Heard before Blume, C.J. and Harnsberger and Parker, S.J.

Mr. Justice Parker delivered the opinion of the court.

OPINION

A charge of first degree murder was filed against the defendant, Elmo Dempsey "Johnny" Spears; and a jury in Big Horn County on June 11, 1954, found him guilty of murder in the second degree, adding to their verdict the longhand notation of their foreman, "Because of extenuating circumstances, the jury recommends leniency." The court sentenced the defendant to a term of twenty to twenty-five...

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