DURAN v. STATE

No. 4576.

546 P.2d 434 (1976)

John Cristobal DURAN, Appellant (Defendant below), v. The STATE of Wyoming, Appellee (Plaintiff below).

Supreme Court of Wyoming.

March 4, 1976.


Attorney(s) appearing for the Case

King Tristani, Asst. Public Defender, Laramie County, Cheyenne, for appellant.

V. Frank Mendicino, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., and James L. Edwards, Legal Intern, Cheyenne, for appellee.

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


PER CURIAM.

Defendant was convicted of assault and battery while armed with a dangerous or deadly weapon, committed upon his ex-wife, Olivia Montoya, by shooting her with a pistol in violation of § 6-70B, W.S. 1957.

Defendant raises two questions in his appeal, seeking reversal of a guilty verdict and sentence. He contends that the trial court should have given a "requested instruction advising the jury of the consequences of a verdict of not guilty by...

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