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COBURN v. STATE

No. 00-3.

20 P.3d 518 (2001)

2001 WY 30

Jay Rodney COBURN, Appellant, (Defendant), v. The STATE of Wyoming, Appellee, (Plaintiff).

Supreme Court of Wyoming.

March 26, 2001.

Attorney(s) appearing for the Case

Representing Appellant: Sylvia Lee Hackl, State Public Defender; Donna D. Domonkos, Appellate Counsel; and Ryan R. Roden, Assistant Appellate Counsel.

Representing Appellee: Gay Woodhouse, Attorney General; D. Michael Pauling, Senior Assistant Attorney General; and Paul S. Rehurek, Deputy Attorney General.

Before LEHMAN, C.J., and GOLDEN, HILL, and KITE, JJ.

LEHMAN, Chief Justice.

[¶ 1] Appellant Jay Rodney Coburn appeals from his conviction for aggravated assault and battery.

[¶ 2] We affirm.

ISSUES

[¶ 3] Coburn presents a single issue for review:

Whether the district court erred when it gave a jury instruction to the jury that had been proposed but then withdrawn by the defense, but had not been proposed by the prosecution, and which was not supported by the evidence...

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