PHILLIPS v. STATE

No. 5046.

597 P.2d 456 (1979)

Marvin E. PHILLIPS, Appellant (Defendant below), v. The STATE of Wyoming, Appellee (Plaintiff below).

Supreme Court of Wyoming.

June 28, 1979.


Attorney(s) appearing for the Case

Kim D. Cannon and Timothy S. Tarver of Burgess & Davis, Sheridan, signed the brief. Cannon appeared in oral argument for appellant.

John D. Troughton, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen. and Sharon A. Fitzgerald, Legal Intern, signed the brief. Ms. Fitzgerald appeared in oral argument for appellee.

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


ROONEY, Justice.

Appellant-defendant appeals from a judgment entered on a jury verdict finding him guilty of the crime of grand larceny in violation of § 6-7-301, W.S. 1977. The item involved in the grand larceny was a truck. We reverse and remand for a new trial.

Defendant contends reversible error exists in three respects: (1) the trial court made an improper and prejudicial comment on the evidence during cross-examination of defendant; (2) defendant...

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