HAWKES v. STATE

No. 5420.

626 P.2d 1041 (1981)

John Leroy HAWKES, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

April 20, 1981.


Attorney(s) appearing for the Case

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

John D. Troughton, Atty. Gen., Allen C. Johnson, Senior Asst. Atty. Gen., and Rhonda J. Selvy, Legal Intern, Cheyenne (argued), on brief for appellee.

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


BROWN, Justice.

A jury convicted defendant, John Leroy Hawkes, of burglary. On appeal defendant has raised two parallel issues: whether the trial judge erred in instructing the jury as to the crime of aiding and abetting when the information only charged the principal offense of burglary; and whether the trial judge erred in denying defendant's motion for judgment of acquittal because the evidence showed that defendant did not actually enter the liquor store. We find...

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