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SMITH v. STATE

No. 4702.

564 P.2d 1194 (1977)

Marlene Mary SMITH, Appellant (Defendant below), v. The STATE of Wyoming, Appellee (Plaintiff below).

Supreme Court of Wyoming.

Rehearing Denied July 18, 1977.

Attorney(s) appearing for the Case

Robert B. Denhardt, W.A. Smith & Associates, Lander, signed the brief and appeared in oral argument on behalf of appellant.

V. Frank Mendicino, Atty. Gen., and Arthur T. Hanscum, Asst. Atty. Gen., Cheyenne, signed the brief and Arthur T. Hanscum, Cheyenne, appeared in oral argument on behalf of appellee.

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

RAPER, Justice.

Appellant-defendant was found guilty by a jury in the district court, of second degree murder in violation of § 6-55, W.S. 1957, and sentenced to a penitentiary term of not less than 20 nor more than 40 years. On appeal, defendant raises seven separate issues which, for the purposes of disposition, can be consolidated into five questions:

1. Did the trial court err in refusing to remove case from consideration by the jury and direct a...

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