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FULCHER v. STATE

No. 5466.

633 P.2d 142 (1981)

Robert Brian FULCHER, Appellant (Defendant), v. STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

Rehearing Denied September 16, 1981.

Attorney(s) appearing for the Case

Robert T. Moxley, Wheatland, for appellant.

Steven F. Freudenthal, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., Crim. Div., Allen C. Johnson, Senior Asst. Atty. Gen., and Randal R. Arp, Asst. Atty. Gen. (argued), for appellee.

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

BROWN, Justice.

Appellant-defendant was found guilty of aggravated assault without dangerous weapon in violation of § 6-4-506(a), W.S. 1977,1 by the district court sitting without a jury. While appellant characterizes the issues on appeal differently, we believe the issues to be:

1) Is it necessary for a defendant to plead "not guilty by reason of mental illness or deficiency" before evidence of unconsciousness can be presented...

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