Montez v. State

RAPER, Justice.

Appellant-defendant was found guilty by a jury in the district court of burglary and battery upon a person lawfully in the burglarized enclosure, in violation of § 6-129(B)(4), W.S.1957, and sentenced to a penitentiary term of not less than three years nor more than seven years. On appeal, defendant raises three issues:

1. Whether the trial court erred in refusing to allow the defendant to call the assistant county attorney as a witness;

2. Whether the trial court erred in refusing to charge the jury with the defendant’s proffered eyewitness identification instruction;

3. Whether…