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MOSS v. STATE

No. 3991.

492 P.2d 1329 (1972)

John Plus MOSS, Appellant, v. The STATE of Wyoming, Appellee.

Supreme Court of Wyoming.

January 26, 1972.

Attorney(s) appearing for the Case

D.P. Svilar, of Boyer & Svilar, Lander, for appellant.

Clarence A. Brimmer, Atty. Gen., Frederic C. Reed, Asst. Atty. Gen., Cheyenne, for appellee.

Before McINTYRE, C.J., and PARKER and McEWAN, JJ.

McINTYRE, Chief Justice.

The defendant, John Pius Moss, is appealing from convictions in Fremont County of second degree murder; and assault and battery with intent to commit rape.

By way of the case's history, we should explain that Moss was first charged with killing Mrs. Eva Clara Holmes in an attempt to perpetrate rape. The defendant moved to dismiss the information on the grounds that he was an enrolled member of the Northern Arapahoe Indian tribe; that...

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