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STATE v. HINES

No. 2821

79 Wyo. 65 (1958)

331 P.2d 605

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

Supreme Court of Wyoming

November 6, 1958

Attorney(s) appearing for the Case

For the defendant and appellant the cause was submitted upon the brief and also oral argument of Cuba Y. Hollaway of Newcastle, Wyoming.

For the plaintiff and respondent the cause was submitted upon the brief of Thomas O. Miller, Attorney General, and Ralph M. Kirsch, Special Assistant Attorney General, both of Cheyenne, Wyoming, and oral argument by Mr. Kirsch and Chester S. Jones, County and Prosecuting Attorney of Weston County, Wyoming.

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

OPINION

Mr. Chief Justice BLUME delivered the opinion of the court.

This is an appeal by John R. Hines who was convicted in the District Court of Weston County, Wyoming, of the crime of statutory rape and of the fact that he was an habitual criminal by reason of two prior convictions of a felony in the State of Missouri.

A criminal information was filed in the District Court of Weston County, Wyoming, on March 1, 1957,

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