Tietema v. State

LEHMAN, Justice.

In this ease we are asked to answer the certified question of “[w]hether ‘possession’ under Wyo.Stat. § 12-6-101(b) (Supp.1995) must occur on ‘any street or highway or in any public place’? In other words, whether ‘on any street or highway or in any public place’ is an element of the offense of possession of alcoholic or malt beverages.”

We answer the question in the negative.

FACTS

On December 17, 1994, officers from the Park County Sheriffs Department responded to a report at a private residence where a party was being held. Outside the residence, an officer observed beer…