BLAIR v. STATE

No. 86-165.

735 P.2d 440 (1987)

Richard BLAIR, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

April 14, 1987.


Attorney(s) appearing for the Case

Leonard Munker, State Public Defender, Gerald M. Gallivan, Director, Wyoming Defender Aid Program, Josephine Fagan McClain, Student Intern, Wyoming Defender Aid Program, for appellant.

A.G. McClintock, Atty. Gen., John W. Renneisen, Sr. Asst. Atty. Gen., and Karen A. Byrne, Asst. Atty. Gen., for appellee.

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


URBIGKIT, Justice.

This is an "I didn't do it, but, if I did, she consented" sexual-assault case, where the convicted appellant challenges the denial of a consent instruction. As the single present issue, appellant argues that it was error for the trial court to reject his requested instruction regarding acquiescence, apprehension, and resistance as a theory of his sexual-assault-charge defense at trial.

The complainant and appellant "partied" together extensively...

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