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CHERNIWCHAN v. STATE

Nos. 5024, 5025.

594 P.2d 464 (1979)

James A. CHERNIWCHAN, Appellant (Defendant below), v. The STATE of Wyoming, Appellee (Plaintiff below). James W. HARRISON, Appellant (Defendant below), v. The STATE of Wyoming, Appellee (Plaintiff below).

Supreme Court of Wyoming.

May 3, 1979.

Attorney(s) appearing for the Case

Steve D. Noecker, Rawlins, for appellants.

John J. Rooney, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., Criminal Division, and Leonard D. Munker, Senior Asst. Atty. Gen., Cheyenne, for appellee.

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

ROSE, Justice.

Defendants-appellants, James A. Cherniwchan and James W. Harrison, were charged with, tried for, and found guilty of violating § 6-8-305, W.S. 1977, pertaining to escape from the Wyoming State Penitentiary.

Eights days after their escape, namely on November 1, 1977, the defendants were arrested and returned to the penitentiary; and ten days later, a complaint and warrant issued, charging them with the crime of escape. The warrant was returned...

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