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McCARTY v. STATE

No. 5303.

616 P.2d 782 (1980)

Michael W. McCARTY, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

September 12, 1980.

Attorney(s) appearing for the Case

Michael H. Schilling, App. Counsel, Wyoming Public Defender Program, Laramie, for appellant.

John D. Troughton, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., Crim. Div. Cheyenne, and Paul H. Byrtus, Legal Intern, Cheyenne, for appellee.

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

ROSE, Justice.

By virtue of a criminal complaint dated December 17, 1979, appellant Michael McCarty was arrested and charged with the aggravated robbery of the Shamrock Country Store in Laramie, Wyoming, in violation of § 6-4-402, W.S. 1977. The crime was alleged to have been committed on December 15, 1979.

Appellant was tried before a jury on February 26 and 27, 1980, and was convicted and sentenced to a term in the Wyoming State Penitentiary of five...

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