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McLAUGHLIN v. STATE

No. 5238.

626 P.2d 63 (1981)

David McLAUGHLIN, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

April 1, 1981.

Attorney(s) appearing for the Case

Michael H. Schilling, Appellate Counsel, Public Defender Program, Laramie, Gerald M. Gallivan, Director, Wyoming Defender Aid Program, Laramie, and Fred R. Dollison, Student Intern, Wyoming Defender Aid Program, Laramie, for appellant (defendant).

John D. Troughton, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., Criminal Division, and Gay Vanderpoel, Asst. Atty. Gen., Cheyenne, for appellee (plaintiff).

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

THOMAS, Justice.

We are confronted in this case with a novel question in Wyoming. What is the criminal responsibility of a person who is employed in an enterprise that serves as the matrix of a criminal conspiracy but whose activities consist of acts that would be lawful in the absence of the conspiracy and whose commitment to the conspiracy must be inferred from circumstantial evidence? The question is posed by an attack upon the sufficiency of the evidence to support...

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