(DOWNLOAD) "Clenin v. State" by Supreme Court of Wyoming # eBook PDF Kindle ePub Free
eBook details
- Title: Clenin v. State
- Author : Supreme Court of Wyoming
- Release Date : January 12, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
The issue presented in this appeal arises out of interrogation of Clenin during cross-examination by the prosecutor concerning his failure to advise law enforcement officials, including the prosecutor, of his defense of alibi. Was that an impermissible comment on the exercise of his constitutionally protected right of silence? Clenin was convicted by the jury of delivering a controlled substance, amphetamine sulphate, to another in violation of § 35-347. 31(a)(ii), W.S., which prohibits the delivery of any controlled substance classified in Schedule I, II, or III in the statutes and sets the penalty at imprisonment for not more - Page 845 than ten years and a fine of not more than $10,000 or both. He appeals from the Judgment and Sentence of the District Court sentencing him to a term of not less than 18 months and not more than three years in the State Penitentiary. We conclude that the questioning was prejudicial and the error was both plain and fundamental. We must reverse Clenins conviction.
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