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MARTINEZ v. STATE

Nos. 4183, 4184.

511 P.2d 105 (1973)

Archie MARTINEZ, Appellant, v. The STATE of Wyoming, Appellee. Phil MAES, Appellant, v. The STATE of Wyoming, Appellee.

Supreme Court of Wyoming.

June 18, 1973.

Attorney(s) appearing for the Case

Raymond B. Whitaker, Casper, for appellant Martinez.

David R. Nicholas, Laramie, for appellant Maes.

Clarence A. Brimmer, Atty. Gen., and Jerome F. Statkus, Asst. Atty. Gen., Cheyenne, for appellee.

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

Mr. Justice McINTYRE delivered the opinion of the court.

Defendants, Archie Martinez and Phil Maes, were charged with the crime of first degree rape. On trial both were found guilty of assault and battery with intent to commit a felony. Each was sentenced to the state penitentiary for not less than one year nor more than 13 months. Both have appealed.

Although represented by different attorneys in their appeals, the assignments of error made on behalf of the...

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