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LeBEAU v. STATE

No. 4965.

589 P.2d 1292 (1979)

Bennie E. LeBEAU, Appellant (Defendant below), v. The STATE of Wyoming, Appellee (Plaintiff below).

Supreme Court of Wyoming.

January 31, 1979.

Attorney(s) appearing for the Case

Gerald M. Gallivan, Director (argued), Wyoming Defender Aid Program, Laramie and Kenneth M. Koski, Senior Law Student, Student Intern, Wyoming Defender Aid Program, University of Wyoming, for appellant.

John J. Rooney, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen. and Sandra K. Dunn, Legal Intern (argued), for appellee.

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

RAPER, Chief Justice.

Appellant-defendant was tried and convicted of two counts of delivery of a controlled substance in violation of § 35-7-1031, W.S. 1977. He appeals from the judgment and sentence of the district court on two grounds:

I. The trial court committed reversible error in refusing the cautionary instruction offered by defendant concerning testimony given by the undercover agent. II. There was a break in the chain of custody concerning...

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