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SIMMONS v. STATE

No. 85-57.

712 P.2d 887 (1986)

Curtis Wayne SIMMONS, a/k/a Apatchy Curtis Wayne Simmons, a/k/a Apatchy Curtis W. Simmons, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

January 20, 1986.

Attorney(s) appearing for the Case

Leonard D. Munker, State Public Defender, Martin J. McClain, Appellate Counsel, and Denise Nau (orally), Asst. Appellate Counsel, for appellant.

A.G. McClintock, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., John W. Renneisen, Sr. Asst. Atty. Gen., Michael A. Blonigen, Asst. Atty. Gen., and Darold W. Killmer (orally), Legal Intern, for appellee.

Before THOMAS, C.J., and ROONEY, BROWN and CARDINE, JJ., and GUTHRIE, J., Ret.

CARDINE, Justice.

After a trial to the court, appellant Curtis Simmons was convicted of felony assault on a police officer in violation of § 6-5-204(b), W.S. 1977 (June 1983 Replacement). That statute prohibits the infliction of bodily injury on a peace officer while that officer is engaged in the "lawful performance of his official duties." Appellant argues on appeal that his conviction should be reversed because the peace officer whom he injured was conducting...

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