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BUTCHER v. STATE

No. 04-208.

123 P.3d 543 (2005)

2005 WY 146

Brandon Keith BUTCHER, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

November 22, 2005.

Attorney(s) appearing for the Case

Representing Appellant: Kenneth Koski, Public Defender; Donna D. Domonkos, Appellate Counsel; and Marion Yoder, Senior Assistant Public Defender.

Representing Appellee: Patrick J. Crank, Attorney General; Paul S. Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; and Georgia L. Tibbetts, Senior Assistant Attorney General.

Before HILL, C.J., and GOLDEN, KITE, VOIGT, BURKE, JJ.

VOIGT, Justice.

[¶ 1] A jury found the appellant guilty of second-degree murder as a lesser-included offense to the charge of first-degree murder. We affirm the judgment and sentence entered by the district court.

ISSUES

1. Did the district court err in denying the appellant's motion for judgment of acquittal on the first-degree murder charge?

2. Was there sufficient evidence to sustain the finding of guilt on the lesser-included offense...

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