HATHEWAY v. STATE

No. 5300.

623 P.2d 741 (1981)

Elvis D. HATHEWAY, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

Rehearing Denied February 18, 1981.


Attorney(s) appearing for the Case

Richard Scott Rideout, Vines, Rideout & Gusea, Cheyenne, signed the brief and appeared in oral argument on behalf of appellant.

John D. Troughton, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., Criminal Division, and Sharon A. Lyman, Asst. Atty. Gen., signed the brief of appellee. Lyman appeared in oral argument.

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


RAPER, Justice.

PART I

Four issues are raised in this appeal from appellant's conviction for embezzlement. First, a challenge is made to the trial court's ruling, admitting evidence of other bad acts allegedly committed by the appellant. Second, appellant argues that the trial court erred in refusing to give his offered instruction concerning the effect of a mistake of fact which negates the requisite mens rea. Third, appellant contends that there was insufficient...

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