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BREWSTER v. STATE

No. 84-313.

712 P.2d 338 (1985)

Mark Lynn BREWSTER, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

December 26, 1985.

Attorney(s) appearing for the Case

Leonard D. Munker, State Public Defender, and Martin J. McClain, Appellate Counsel, Wyoming Public Defender Program, Cheyenne, for appellant (defendant).

A.G. McClintock, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., John Renneisen, Senior Asst. Atty. Gen., and Michael A. Blonigen, Asst. Atty. Gen., Cheyenne, for appellee (plaintiff).

Before THOMAS, C.J., and ROSE, ROONEY, BROWN and CARDINE, JJ.

ROSE, Justice.

Appellant Mark Brewster was convicted by a jury of attempted first-degree sexual assault and sentenced to 20 to 25 years in the state penitentiary. He raises the following issue on appeal:

"Whether Appellant's constitutional right of silence was violated by impermissible comment upon Appellant's invocation of that right."

Appellant objects to testimony elicited from police officers on direct examination and to remarks made by the prosecution...

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