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THOMAS v. STATE

Nos. 88-202, 88-203.

784 P.2d 237 (1989)

Delores M. THOMAS, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff). Delores M. THOMAS, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

December 21, 1989.

Attorney(s) appearing for the Case

Leonard Munker, State Public Defender, Gerald M. Gallivan, Director, Wyoming Defender Aid Program, and S. Gregory Thomas (argued), Student Intern, for appellant.

Joseph B. Meyer, Atty. Gen., John W. Renneisen, Deputy Atty. Gen., Karen A. Byrne, Sr. Asst. Atty. Gen., and Maryrobin Burney (argued), Student Extern, for appellee.

Before CARDINE, C.J., and THOMAS, URBIGKIT, MACY and GOLDEN, JJ.

CARDINE, Chief Justice.

Appellant Delores Thomas was convicted after a jury trial of transferring a forged prescription for Percodan, a Schedule II controlled substance. Thomas has appealed the conviction, presenting the following issue:

"Did the court below err in refusing to instruct the jury upon request as to the dangers of eyewitness testimony and the possibility of error (1) where the sole issue for the jury under the defendant's theory of the case...

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