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SIMMONS v. STATE

No. 83-172.

674 P.2d 1294 (1984)

Samuel W. SIMMONS, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

January 20, 1984.

Attorney(s) appearing for the Case

Leonard D. Munker, State Public Defender, Sylvia Lee Hackl, Appellate Counsel, and Victoria G. Huntoon, Asst. Public Defender, Wyoming State Public Defender Program, Cheyenne, for appellant.

A.G. McClintock, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., John W. Renneisen, Senior Asst. Atty. Gen., Michael L. Hubbard, Margaret M. White, Asst. Attys. Gen., Cheyenne, and William Eichelberger, Deputy County and Pros. Atty., Fremont County, for appellee.

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

BROWN, Justice.

Appellant was convicted of aggravated assault with a dangerous or deadly weapon, a crime defined in § 6-4-506(b), W.S. 1977.1 The only issue is whether there was sufficient evidence to properly submit the case to the jury.

We will affirm.

In the evening and early morning hours before the alleged assault, appellant ingested profuse quantities of alcohol. Kenneth...

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