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BEARPAW v. STATE

No. 89-214.

803 P.2d 70 (1990)

Stan W. BEARPAW, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

Rehearing Denied December 19, 1990.

Attorney(s) appearing for the Case

Leonard D. Munker, State Public Defender and Mike Cornia, Appellate Counsel, for appellant.

Joseph B. Meyer, Atty. Gen., John W. Renneisen, Deputy Atty. Gen., Karen A. Byrne and Roger C. Fransen, Sr. Asst. Attys. Gen., for appellee.

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

URBIGKIT, Chief Justice.

This appeal from a second degree murder conviction presents basic questions of an inadequate record, ineffectiveness of trial counsel, and fundamental concerns about the fairness of the trial. We reverse and remand for retrial.

I. ISSUES

Appellant initially contends:

ISSUE 1 Whether the trial court erred in instructing the jury that they could infer malice from the use of a deadly weapon and that one of...

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