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SIMS v. STATE

No. 3964.

495 P.2d 256 (1972)

Craig E. SIMS, Appellant, v. The STATE of Wyoming, Appellee.

Supreme Court of Wyoming.

March 29, 1972.

Attorney(s) appearing for the Case

John L. Vidakovich, of Vidakovich & Barney, Lander, Frederick E. Dickerson, Denver, Colo., for appellant.

Clarence A. Brimmer, Atty. Gen., and Richard A. Stacy, Asst. Atty. Gen., Cheyenne, for appellee.

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

ON MOTION TO REMAND

PER CURIAM.

The appellant, Craig E. Sims, has made a motion for us to remand this case to the district court in order to allow appellant to pursue a motion in the district court for a new trial based on the discovery of new evidence. The motion is purportedly based upon Rule 34, W.R.Cr.P.

Our Rule 34 is almost verbatim with Rule 33, Federal Rules of Criminal Procedure. With respect to such rule, it is pointed out in 2 Wright,...

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