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PETERSON v. STATE

No. 4862.

586 P.2d 144 (1978)

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

Supreme Court of Wyoming.

October 13, 1978.

Attorney(s) appearing for the Case

Harry E. Leimback and David B. Park, Casper, signed the briefs and appeared in oral argument on behalf of the appellant.

V. Frank Mendicino, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., and Allen C. Johnson, Asst. Atty. Gen., signed the briefs. Allen C. Johnson, Cheyenne, appeared in oral argument on behalf of the appellee. William Tom Sullins, II, Deputy County and Pros. Atty., Natrona County, was present during oral argument.

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

RAPER, Justice.

Appellant-defendant is before this court convicted by a district court jury of murder in the second degree1 and under sentence to the Wyoming State Penitentiary for a term of not less than twenty nor more than twenty-one years. Defendant alleges trial court errors urged as sufficient to mandate reversal in each of the following areas: 1. double jeopardy; 2. diminished capacity...

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