EMERSON v. STATE

No. 98-305.

988 P.2d 518 (1999)

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

Supreme Court of Wyoming.

October 15, 1999.


Attorney(s) appearing for the Case

Representing Appellant: Sylvia Lee Hackl, State Public Defender; Donna D. Domonkos, Appellate Counsel; and Michael Dinnerstein, Assistant Appellate Counsel. Argument by Mr. Dinnerstein.

Representing Appellee: Gay Woodhouse, Attorney General; Paul S. Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Theodore E. Lauer, Director, Prosecution Assistance Program; and Brian Hanify, Student Intern. Argument by Mr. Hanify.

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


HILL, Justice.

Appellant James Emerson was charged with aggravated burglary following the theft of several items from property located outside of Casper. At trial, the jury found him guilty of the lesser offense of burglary. Appellant claims he was denied a fair trial because the prosecutor improperly inferred that the jury could find Appellant guilty even without finding guilt beyond a reasonable doubt. Appellant further claims error in the trial court's refusal...

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