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KELLY v. STATE

No. 06-37.

153 P.3d 926 (2007)

2007 WY 45

Michael David KELLY, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

March 15, 2007.

Attorney(s) appearing for the Case

Representing Appellant: Ken Koski, State Public Defender, PDP; Donna D. Domonkos, Appellate Counsel; Tina N. Kerin, Senior Assistant Appellate Counsel.

Representing Appellee: Patrick J. Crank, Attorney General; Paul Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Dana J. Lent, Assistant Attorney General.

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

KITE, Justice.

[¶ 1] Michael David Kelly was convicted by a jury of aggravated assault and battery in violation of Wyo. Stat. Ann. § 6-2-502(a)(i) (LexisNexis 2005). On appeal, he claims the evidence was insufficient to show that he caused "serious bodily injury" as required by the statute. He also claims prosecutorial misconduct occurred during the State's closing argument. We hold the evidence was not sufficient to show serious bodily injury as that term...

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