Stuebgen v. State

UPON REARGUMENT

ARMSTRONG, District Judge, Retired.

Appellants were each charged separately, but tried together before a jury in Platte County, Wyoming, convicted and jointly appeal on charges of unlawfully and felo-niously having in their possession with intent to deliver a controlled substance, marihuana. The issues here are:

1. Were defendants deprived of their rights to speedy trial ?

2. Was the specific intent instruction erroneous ?

We answer both questions affirmatively.

On March 19, 1972 the defendants were stopped by a highway patrolman for driving a car with only one Colorado license…