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DOWNS v. STATE

No. 4729.

581 P.2d 610 (1978)

Arthur James DOWNS, Appellant (Defendant below), v. The STATE of Wyoming, Appellee (Plaintiff below).

Supreme Court of Wyoming.

July 13, 1978.

Attorney(s) appearing for the Case

Gerald M. Gallivan, Director, Wyoming Defender Aid Program, and Stephen R. Johnson, Student Intern, Wyoming Defender Aid Program, Laramie, signed the briefs and appeared in oral argument on behalf of the appellant.

V. Frank Mendicino, Atty. Gen., and Frank R. Chapman, Asst. Atty. Gen., signed the brief and Allen C. Johnson, graduate law student and legal intern, Cheyenne, appeared in oral argument on behalf of the appellee.

RAPER, J. delivered the opinion of the court, in which THOMAS, J. and MAHONEY, District Judge, joined. ARMSTRONG, District Judge, retired, filed a dissenting opinion, in which ROSE, J., joined.

RAPER, Justice.

After a jury trial, the appellant was found guilty of burglary in violation of Section 6-129, W.S. 1957, [Section 6-7-201, W.S. 1977].1 The issues are:

1. Whether the appeal was timely taken. 2. If the appeal is properly before us, (a) Whether the evidence was, as a matter of law, sufficient to sustain a conviction for burglary; (b) Whether instructions by the trial court, with drunkenness...

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