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FITZGERALD v. STATE

No. 5058.

599 P.2d 572 (1979)

Delton LeRoy FITZGERALD, Appellant (Defendant below), v. The STATE of Wyoming, Appellee (Plaintiff below).

Supreme Court of Wyoming.

August 17, 1979.

Attorney(s) appearing for the Case

Jerry A. Yaap, of Bishop, Bishop & Yaap, Casper, for appellant.

John D. Troughton, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., James W. Gusea, Asst. Atty. Gen., and Sandra Dunn, Legal Intern, Cheyenne, for appellee.

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

THOMAS, Justice.

Delton LeRoy Fitzgerald, having waived a trial by jury, was convicted, after a trial to the court, of obtaining goods by false pretenses in violation of § 6-38, W.S. 1957 (now § 6-3-106, W.S. 1977). Fitzgerald seeks reversal of this conviction, and in this appeal he asserts these claims of error:

"1. The trial court erred in failing to declare the value of the property obtained under false pretenses. "2. The trial court...

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