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BALSLEY v. STATE

No. 83-38.

668 P.2d 1324 (1983)

Michael R. BALSLEY, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

September 2, 1983.

Attorney(s) appearing for the Case

Michael K. Davis of Redle, Yonkee & Arney, Sheridan, for appellant.

A.G. McClintock, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., 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.

ROSE, Justice.

This appeal asks a single question:

"Is homicide by vehicle under Wyo. Stat. Section 31-5-1117(b) a lesser offense `necessarily included'[1] in the crime of aggravated homicide by vehicle under Wyo. Stat. Section 31-5-1117(a)?"

On September 7, 1982, appellant Michael Balsley was charged by information with a violation of § 31-5-1117(a), W.S. 1977 in the district court in and for Johnson...

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