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BRITT v. STATE

No. 86-207.

734 P.2d 980 (1987)

Micky D. BRITT, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

April 1, 1987.

Attorney(s) appearing for the Case

Wyoming Public Defender Program: Leonard D. Munker, State Public Defender; Martin J. McClain, Deputy State Public Defender; Cheyenne; Wyoming Defender Aid Program: Gerald M. Gallivan, Director, and Matthew H. Mead, Student Intern, Laramie, for appellant.

A.G. McClintock, Atty. Gen., Allen C. Johnson, Deputy Atty. Gen., John W. Renneisen, Sr. Asst. Atty. Gen., S. Jane Caton, Asst. Atty. Gen., Cheyenne, for appellee.

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

BROWN, Chief Justice.

This appeal is from the District Court of Fremont County after appellant was found guilty of aggravated burglary, and sentenced to a term of not less than five nor more than ten years in the penitentiary.

The issues on appeal are:

"I "Is a gun for purposes of Wyoming Statute Section 6-1-104(iv) (1977) always to be considered a deadly weapon without regard to the manner it is used or is intended to be used?

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