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BRIGHTWELL v. STATE

No. 5450.

631 P.2d 1048 (1981)

Gwen BRIGHTWELL, Appellant (Defendant), v. STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

July 22, 1981.

Attorney(s) appearing for the Case

Richard Honaker, Appellate Counsel, Wyoming Public Defender, Gerald M. Gallivan, Director, and Jodi E. Brayton, Intern, Wyoming Defender Aid Program, Laramie, for appellant.

Steven F. Freudenthal, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., and Sharon A. Lyman, Asst. Atty. Gen., Cheyenne, for appellee.

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

ROSE, Chief Justice.

Appellant, Ms. Brightwell, was convicted of the crime of assault with a deadly weapon as embodied in § 6-4-506(b), W.S. 1977, and appeals her conviction. She raises one issue for this court's decision, namely that insufficient evidence of the crime of aggravated assault was adduced at her trial since the State failed to prove an attempted battery on her part which is a necessary element of the crime. We agree that in order to convict a defendant...

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