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VASQUEZ v. STATE

No. 5370.

623 P.2d 1205 (1981)

Willie VASQUEZ, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

February 23, 1981.

Attorney(s) appearing for the Case

Gerald M. Gallivan, Director, Wyoming Defender Aid Program, Laramie, Michael H. Schilling, Appellate Counsel, Cheyenne, and Richard Leonard, Student Intern, (argued), for appellant (defendant).

John D. Troughton, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., Criminal Division, and Samuel A. Soule, Sr., Asst. Atty. Gen., (argued), for appellee (plaintiff).

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

RAPER, Justice.

Appellant was tried before a jury and found guilty of two counts of first degree sexual assault as defined in § 6-4-302(a)(ii), W.S. 19771 and given a penitentiary sentence. His appeal challenges the proceedings in the district court on two bases. First he contends that the prosecutor in his opening statement falsely accused appellant of having previously raped the victim. This, appellant argues, was a legal impossibility...

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