NEWELL v. STATE

No. 4508.

548 P.2d 8 (1976)

Larry NEWELL, Appellant (Defendant below), v. The STATE of Wyoming, Appellee (Plaintiff below).

Supreme Court of Wyoming.

Rehearing Denied May 24, 1976.


Attorney(s) appearing for the Case

Wyatt R. Skaggs, Asst. Public Defender, Natrona County, Casper, signed the brief and appeared in oral argument on behalf of appellant.

V. Frank Mendicino, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., Crim. Div., and Donn J. McCall, Legal Intern, Cheyenne, signed the brief and Gerald A. Stack, Deputy Atty. Gen., and William T. Sullins, Deputy County Atty., Casper, appeared in oral argument on behalf of appellee.

Before GUTHRIE, C.J., and McCLINTOCK, RAPER, THOMAS and ROSE, JJ.


RAPER, Justice.

The appellant-defendant was charged with the burglary of Roy's Town and Country Pharmacy, located in Casper, Wyoming. The defendant and the county attorney, with approval of the district judge, waived trial by jury. After bench trial, the defendant was found guilty and sentenced to serve a term in the Wyoming State Penitentiary.

The owner of the drug store testified as to the circumstances of the break-in during the night of June 24-25 that...

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