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HEREFORD v. STATE

No. S-14-0040.

342 P.3d 1201 (2015)

2015 WY 17

John Thomas HEREFORD, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

February 4, 2015.

Attorney(s) appearing for the Case

Representing Appellant: Office of the State Public Defender: Diane Lozano , State Public Defender; Tina N. Olson , Chief Appellate Counsel; David E. Westling , Senior Assistant Appellate Counsel. Argument by Mr. Westling .

Representing Appellee: Peter K. Michael , Wyoming Attorney General; David L. Delicath , Deputy Attorney General; Jenny L. Craig , Senior Assistant Attorney General; Darrell D. Jackson , Faculty Director, A. Walker Steinhage , Student Director, and Amanda Lemish , Student Intern, of the Prosecution Assistance Program. Argument by Ms. Lemish.

Before BURKE, C.J., and HILL, KITE, DAVIS, and FOX, JJ.

[¶ 1] A jury found Appellant John Thomas Hereford guilty of second-degree murder for shooting and killing his cousin, and also of kidnapping and sexually assaulting his cousin's girlfriend. Appellant challenges his convictions on two theories. He claims that the district court erred in instructing the jury that it could presume...

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