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VIALPANDO v. STATE

No. 5589.

640 P.2d 77 (1982)

Dennis VIALPANDO, Appellant (Defendant), v. STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

February 5, 1982.

Attorney(s) appearing for the Case

Gerald M. Gallivan, Director, Wyoming Defender Aid Program, Michael Schilling, Wyoming Public Defender Program, and Duane M. Kline, III, Student Intern, Wyoming Defender Aid Program, Laramie, for appellant.

Steven F. Freudenthal, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., Crim. Div., Allen C. Johnson, Sr. Asst. Atty. Gen., Dennis C. Cook, Legal Intern, Cheyenne, for appellee.

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

BROWN, Justice.

Appellant was convicted by a Fremont County jury of drawing a dangerous weapon in violation of § 6-11-102, W.S. 1977, and attempted sexual assault in violation of § 6-4-314, W.S. 1977.

Appellant urges a single issue:

"Is the state of Wyoming prohibited from trying this case since it lacks jurisdiction to try Indians acting on the reservation, there being no grant of jurisdiction by the Federal Government?"

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