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TIETEMA v. STATE

No. 95-271.

926 P.2d 952 (1996)

John E. TIETEMA, Jr., Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

November 15, 1996.

Attorney(s) appearing for the Case

Sylvia Lee Hackl, State Public Defender; Kenneth M. Koski, Deputy Public Defender; and Deborah Cornia, Appellate Counsel, for appellant.

William U. Hill, Attorney General; Paul S. Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Theodore E. Lauer, Director, Prosecution Assistance Program; and John D. Harjehausen, Student Director, Prosecution Assistance Program, for appellee.

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

LEHMAN, Justice.

In this case we are asked to answer the certified question of "[w]hether `possession' under WYO.STAT. § 12-6-101(b) (Supp.1995) must occur on `any street or highway or in any public place'? In other words, whether `on any street or highway or in any public place' is an element of the offense of possession of alcoholic or malt beverages."

We answer the question in the negative.

FACTS...

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