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McDANIEL v. STATE

No. 5474.

632 P.2d 534 (1981)

Edward William McDANIEL, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

August 17, 1981.

Attorney(s) appearing for the Case

Michael H. Schilling, Appellate Counsel, Wyoming Public Defender Aid Program, Laramie, and Sylvia Lee Hackl, Asst. Public Defender, for appellant.

Steven F. Freudenthal, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., Criminal Division, and Allen C. Johnson, Sr. Asst. Atty. Gen., for appellee.

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

RAPER, Justice.

Appellant-defendant was convicted following a jury trial in district court of second degree murder in violation of § 6-4-104, W.S. 1977.1 The issues on this appeal are:

1. Whether the trial court, by admitting into evidence a color photograph referred to as a mug shot, depicting the appellant in a green shirt with a height scale in the background, created prejudice to the appellant to constitute reversible...

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