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PALATO v. STATE

No. 4959.

591 P.2d 891 (1979)

John Louie PALATO, Appellant (Defendant below), v. The STATE of Wyoming, Appellee (Plaintiff below).

Supreme Court of Wyoming.

March 8, 1979.

Attorney(s) appearing for the Case

Gary L. Shockey, Casper, signed the brief and appeared in oral argument on behalf of appellant.

John J. Rooney, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., and Sharon A. Fitzgerald, Legal Intern, signed the brief, for appellee. Samuel A. Soule, Senior Asst. Atty. Gen., was present for oral argument. Oral argument was presented by Fitzgerald.

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

GUTHRIE, Justice, Retired.

Appellant is aggrieved by his conviction of a crime of delivery of heroin in violation of § 35-347.31(a)(i), W.S. 1957, 1975 Cum. Supp. (§ 35-7-1031(a)(i), W.S. 1977). This appeal emanates solely from an instance which occurred during the cross-examination of Mestas, who appeared as an alibi witness for appellant as follows:

"Q. Do you know John Snell of the Drug Task Force? "A. I met him twice, sir.

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