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SMITH v. STATE

No. 94-245.

902 P.2d 1271 (1995)

Dustin Eugene SMITH, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

August 31, 1995.

Attorney(s) appearing for the Case

Wyoming Public Defender Program: Leonard D. Munker, State Public Defender; Deborah Cornia, Appellate Counsel, for appellant.

Joseph B. Meyer, Attorney General; Larry Donovan, Senior Assistant Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Georgia L. Tibbetts, Assistant Attorney General; Prosecution Assistance Program, Theodore E. Lauer, Director, and Jessica Loeper and Bryan D. Sidwell, Student Interns, for appellee.

Before GOLDEN, C.J., and THOMAS, MACY, TAYLOR and LEHMAN, JJ.

THOMAS, Justice.

In this case, we must decide whether the provisions of WYO.STAT. § 6-5-305(a) (1988) apply to a situation in which an assault and battery was committed upon a witness after the trial had concluded, and he had been released from his subpoena. Dustin Eugene Smith (Smith) was convicted after a jury trial of conspiracy to intimidate a witness in violation of WYO.STAT. § 6-1-303(a) (1988) and WYO.STAT. § 6-5-305(a). Collateral issues are...

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