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OSTWALD v. STATE

Nos. 4374, 4467.

538 P.2d 1298 (1975)

Edward Lyle OSTWALD, Appellant (Defendant below), v. STATE of Wyoming, Appellee (Plaintiff below). Edward Lyle OSTWALD, Petitioner, v. Lenard MEACHAM, Warden, Wyoming State Penitentiary, Respondent.

Supreme Court of Wyoming.

July 21, 1975.

Attorney(s) appearing for the Case

John M. Daly and Michael A. Maycock, of Burke, Daly & Maycock, Gillette, for appellant and petitioner.

David B. Kennedy, Atty. Gen.,* V. Frank Mendicino, Atty. Gen.,** H.J. Arnieri, Asst. Atty. Gen., Cheyenne, and Daniel J. Morgan, County and Pros. Atty., Campbell County, Gillette, for appellee and respondent.

Before GUTHRIE, C.J., and McCLINTOCK, RAPER, THOMAS and ROSE, JJ.

RAPER, Justice.

This court in State v. Stern, Wyo. 1974, 526 P.2d 344, held § 6-130, W.S. 1957, 1973 Cum.Supp.,1 a misdemeanor, unconstitutional. The single question of whether or not the decision was applicable prospectively or retroactively, is now raised. The defendant-appellant seeks post-conviction relief from the judgment and sentence of the district court, dated March 29, 1973, by which...

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