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GALLUP v. STATE

No. 4656.

559 P.2d 1024 (1977)

Kent GALLUP, Appellant (Defendant below), v. The STATE of Wyoming, Appellee (Plaintiff below).

Supreme Court of Wyoming.

February 4, 1977.

Attorney(s) appearing for the Case

Gerald M. Gallivan, Director, and Robert P. Dixon, Senior Law Student, Defender Aid Program, Laramie, for appellant.

V. Frank Mendicino, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., Crim. Div., Thomas J. Carroll, Legal Intern, Crim. Div., and Frank R. Chapman, Asst. Atty. Gen., Cheyenne, for appellee.

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

PER CURIAM.

Kent Gallup, appellant herein, was convicted of first degree rape under § 6-63(A), W.S. 1957, 1975 Cum.Supp., and was sentenced to a term of not less than four nor more than ten years. He raises only two issues, which are:

"Whether the defendant was deprived of a fair trial, and thus due process of law, by virtue of the conduct of a witness for the State and a spectator. "Whether it was...

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