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CUTBIRTH v. STATE

No. 5838.

663 P.2d 888 (1983)

Ricky Don CUTBIRTH, Appellant (Defendant), v. STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

May 31, 1983.

Attorney(s) appearing for the Case

Sylvia Lee Hackl, Wyoming Public Defender Program, Gerald M. Gallivan, Wyoming Defender Aid Program, and Michael A. Blonigen, Student Intern, Wyoming Defender Aid Program, Laramie, for appellant.

A.G. McClintock, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., Cr. Div., John W. Renneisen, Sr. Asst. Atty. Gen., Margaret M. White, Asst. Atty. Gen., Cheyenne, for appellee.

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

BROWN, Justice.

Appellant was convicted by a Lincoln County jury of second degree murder in violation of § 6-4-104, W.S. 1977.1 He raises three issues:

"1. Whether the evidence is sufficient to prove, beyond a reasonable doubt, that appellant killed his wife `maliciously and purposely.' "2. Whether the evidence indicates the appellant's conduct was, at most, negligent. "3. Whether the jury instructions...

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