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PACK v. STATE

No. 4766.

571 P.2d 241 (1977)

Donald Kenneth PACK, Appellant (Defendant below), v. The STATE of Wyoming, Appellee (Plaintiff below).

Supreme Court of Wyoming.

November 9, 1977.

Attorney(s) appearing for the Case

Floyd R. King and W. Keith Goody, Jackson, for appellant.

V. Frank Mendicino, Atty. Gen., and Gerald A. Stack, Deputy Atty. Gen., Crim. Div., Cheyenne, and Donald Terry Rogers, County & Pros. Atty., Teton County, Wyoming, Jackson, for appellee.

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

ROSE, Justice.

Donald Kenneth Pack stands convicted by a Sublette County District Court jury of first-degree rape, in violation of § 6-63(A), W.S. 1957, 1975 Cum.Supp., with a sentence of not less than fifteen nor more than thirty years in the Wyoming State Penitentiary. From that conviction and sentence he has prosecuted this appeal. Section 6-63(A) provides as follows:

"(A) Whoever unlawfully has carnal knowledge of a woman or female child forcibly...

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