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COSCO v. STATE

No. 4296.

521 P.2d 1345 (1974)

Louis D. COSCO, Appellant (Defendant below), v. The STATE of Wyoming, Appellee (Plaintiff below).

Supreme Court of Wyoming.

May 15, 1974.

Attorney(s) appearing for the Case

John A. MacPherson of Brimmer, MacPherson & Golden, Rawlins, Larry Berryman, Senior Law Student, Laramie, for appellant.

Clarence A. Brimmer, Atty. Gen., Bert T. Ahlstrom, Jr., Asst. Atty. Gen., Cheyenne, for appellee.

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

Justice McINTYRE delivered the opinion of the court.

The defendant, Louis D. Cosco, was tried and convicted of the crime of aggravated assault and battery on a fellow inmate at the Wyoming State Penitentiary. Several assignments of error are made on behalf of Cosco, by his court-appointed attorney.

An instruction objected to states:

"The rule which clothes every person accused of crime with the presumption...

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