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MARTINEZ v. STATE

No. 2831.

80 Wyo. 325 (1959)

342 P.2d 227

Joe Cruz MARTINEZ, Appellant (Defendant below), v. STATE of Wyoming, Appellee (Plaintiff below).

Supreme Court of Wyoming

July 21, 1959.

Attorney(s) appearing for the Case

L.A. Crofts and W.A. Smith, Lander, for appellant.

Thomas O. Miller, former Atty. Gen., Maxwell E. Osborn, former Deputy Atty. Gen., Norman B. Gray, Atty. Gen., W.M. Haight, Asst. Atty. Gen., and G.L. Spence, County and Pros. Atty., of Fremont County, Lander, for appellee.

Before BLUME, C.J., and PARKER and HARNSBERGER, JJ.

OPINION.

Mr. Justice PARKER delivered the opinion of the court.

Joe Cruz Martinez, charged with first degree murder, was tried by a Fremont County jury, found guilty without qualification, was sentenced to die in the gas chamber, and has now appealed to this court.

The pertinent facts of the homicide were as follows: On the morning of January 1, 1957, sometime after eight o'clock, the defendant, who was employed...

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