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STATE v. BERGER

No. 5092.

600 P.2d 708 (1979)

The STATE of Wyoming, Appellant (Defendant below), v. Richard E. BERGER, Appellee (Plaintiff below).

Supreme Court of Wyoming.

September 13, 1979.

Attorney(s) appearing for the Case

John D. Troughton, Atty. Gen., Cheyenne, and D. Terry Rogers, County and Pros. Atty., Teton County, Jackson, for appellant.

Gerald M. Gallivan, Director, Wyoming Defender Aid Program, Laramie, for appellee.

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

ROSE, Justice.

This action originated with a petition by Richard E. Berger for post-conviction relief under §§ 7-14-101, et seq., W.S. 1977.1

Berger was originally tried in the District Court of Teton County on a charge of assault and battery with intent to commit a felony, in violation of § 6-69, W.S. 1957, 1975 Cum.Supp. [now § 6-4-503, W.S. 1977]. He was found guilty and, on January 30, 1976, judgment and...

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