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TUCKER v. STATE

No. 5038.

594 P.2d 470 (1979)

Ivan Joe TUCKER, Appellant (Defendant below), v. The STATE of Wyoming, Appellee (Plaintiff below).

Supreme Court of Wyoming.

Rehearing Denied June 12, 1979.

Attorney(s) appearing for the Case

Gerald M. Gallivan, Director, Wyoming Defender Aid Program, and Patrick J. Murphy, Student Intern, Wyoming Defender Aid Program, Laramie, for appellant.

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

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

McCLINTOCK, Justice.

Ivan Joe Tucker was arrested, charged and convicted of two counts of aggravated assault with a dangerous or deadly weapon in violation of § 6-70B, W.S. 1957, 1975 Cum.Supp.,1 as a result of a shooting incident that occurred in an alleyway behind the Mint Bar in Sheridan on the evening of November 11, 1977. Tucker raises two issues by his appeal but we believe the substance of the two questions is whether there...

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