FITZGERALD v. STATE

No. 5030.

601 P.2d 1015 (1979)

William John FITZGERALD, Appellant (Defendant below), v. The STATE of Wyoming, Appellee (Plaintiff below).

Supreme Court of Wyoming.

Rehearing Denied November 19, 1979.


Attorney(s) appearing for the Case

Gerald M. Gallivan, Director, Wyoming Defender Aid Program, and Jay D. Schaefer, Student Intern, Wyoming Defender Aid Program, Laramie, for appellant.

John D. Troughton, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., Criminal Division; Richard H. Honaker, Asst. Atty. Gen., and Sandra Dunn, Legal Intern, Cheyenne, for appellee.

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


ROSE, Justice.

Appellant, William John Fitzgerald, appeals his second-degree murder conviction on three grounds: (1) Inculpatory statements made to the police (in which appellant admitted attacking the victim) were the fruit of an illegal arrest; (2) the appellant was denied a fair trial when the prosecutor made indirect use of a knife which the trial judge ordered suppressed on Fourth Amendment grounds; and (3) the State unfairly surprised the defense with a major...

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