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McDONALD v. STATE

No. 85-161.

715 P.2d 209 (1986)

Delbert Anthony McDONALD, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

March 6, 1986.

Attorney(s) appearing for the Case

Leonard Munker, State Public Defender, Julie Naylor, Appellate Counsel, Wyoming Public Defender Program, Gerald M. Gallivan, Director, and Jay E. Vincent, Student Intern, Wyoming Defender Aid Program, for appellant.

A.G. McClintock, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., John W. Renneisen, Sr. Asst. Atty. Gen., and Michele V.K. McKellar, Student Intern, for appellee.

Before THOMAS, C.J., and BROWN, CARDINE, URBIGKIT and MACY, JJ.

MACY, Justice.

Appellant was convicted of aggravated burglary under § 6-3-301(c)(ii), W.S. 1977 (June 1983 Replacement), and sentenced to a term of not less than five nor more than seven years in the Wyoming State Penitentiary.

We affirm.

Appellant raises the following issues:

"I. WHETHER THE TRIAL COURT ERRED IN REFUSING DEFENDANT'S REQUESTED INSTRUCTION `E' WHICH SET FORTH IN ONE INSTRUCTION DEFENDANT'S PRINCIPAL THEORY OF THE CASE...

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