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WALSTON v. STATE

No. 84-261.

704 P.2d 696 (1985)

Bernard G. WALSTON, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

August 8, 1985.

Attorney(s) appearing for the Case

Leonard D. Munker, State Public Defender, Martin J. McClain, Appellate Counsel, Wyoming Public Defender Program, Cheyenne, Jim Dinneen, Student Intern, Defender Aid Program, for appellant.

A.G. McClintock, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., John W. Renneisen, Senior Asst. Atty. Gen., Michael A. Blonigen, Asst. Atty. Gen., for appellee.

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

ROSE, Justice.

In this appeal we are asked to decide whether there was sufficient evidence for the jury to find and the trial court to enter judgment finding the appellant guilty of driving a motor vehicle while under the influence of intoxicating liquor, in violation of § 31-5-233(a), W.S. 1977, which, as amended by Ch. 52, § 1, S.L. of Wyoming 1982, provides:

"It is unlawful for any person who is under the influence of intoxicating liquor, to...

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