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MILLER v. STATE

No. 96-89.

955 P.2d 892 (1998)

James Dean MILLER, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

March 27, 1998.

Attorney(s) appearing for the Case

Sylvia Lee Hackl, State Public Defender, PDP; Deborah Cornia, Assistant Public Defender, Megan L. Hayes (argued), Laramie, for Appellant.

William U. Hill, Attorney General; Paul S. Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Georgia L. Tibbetts, Senior Assistant Attorney General; Theodore E. Lauer, Director PAP; Joseph W. Cole, Student Intern (argued), for Appellee.

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

THOMAS, Justice.

The policy issue presented by this case is whether Wyoming is to adopt the unilateral theory or the bilateral theory of the crime of conspiracy. James Dean Miller (Miller) contends that regardless of the resolution of the policy question he was entitled to have the jury at his trial for conspiracy to commit the crime of kidnaping, in violation of WYO. STAT. §§ 6-1-303(a) and 6-2-201(a) (1988), instructed on the bilateral theory of conspiracy...

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