DOUGHERTY v. STATE

No. S-10-0016.

239 P.3d 1176 (2010)

2010 WY 127

Ricky L. DOUGHERTY, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

September 21, 2010.


Attorney(s) appearing for the Case

Representing Appellant: Diane Lozano , State Public Defender, PDP; Tina Kerin , Appellate Counsel; Eric M. Alden , Senior Assistant Appellate Counsel. Argument by Mr. Alden.

Representing Appellee: Bruce A. Salzburg , Wyoming Attorney General; Terry L. Armitage , Deputy Attorney General; D. Michael Pauling , Senior Assistant Attorney General; Graham M. Smith , Assistant Attorney General. Argument by Mr. Smith.

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


KITE, Chief Justice.

[¶ 1] Ricky L. Dougherty challenges his conviction for child endangerment. He claims Wyo. Stat. Ann. § 6-4-403(b)(iii) (LexisNexis 2009), which makes it a crime to knowingly "[c]ommit any indecent or obscene act in the presence of a child," is unconstitutionally vague. Mr. Dougherty also asserts that the district court improperly instructed the jury.

[¶ 2] We conclude the statute is sufficiently definite and the jury instructions...

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