OTTE v. STATE

No. 4605.

563 P.2d 1361 (1977)

Michael OTTE, Appellant (Defendant below), v. STATE of Wyoming, Appellee (Plaintiff below).

Supreme Court of Wyoming.

May 3, 1977.


Attorney(s) appearing for the Case

Joe R. Wilmetti, Public Defender, Sweetwater County, for appellant.

V. Frank Mendicino, Atty. Gen., Jerry M. Murray, Sr., Asst. Atty. Gen., and Frank R. Chapman, Law Clerk, Cheyenne, and Robert L. Bath, County Atty., Sweetwater County, for appellee.

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


ROSE, Justice.

This appeal is here following the jury's verdict finding the defendant-appellant-Otte guilty of blackmail and robbery and the court's entry of judgment and sentence on blackmail and grand larceny — the latter being a lesser-included offense within the crime of robbery.

In his appeal to this court, three main issues are raised:

1. Did the trial court err in receiving hearsay testimony, later striking it and instructing the jury...

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