Albert v. State

On Petition For Rehearing

Before McINTYRE and McEWAN, JJ., and PEARSON, District Judge. PER CURIAM.

The defendant, Don Willard Albert, has petitioned for rehearing. He asserts, only by a line-by-line reading of the original trial transcript can it be determined whether the state’s evidence was sufficient to prove defendant-Albert guilty of sodomy and murder in the second degree.

We made it clear in our original opinion (Albert v. State, Wyo., 466 P.2d 826) that the proceeding under review was not an appeal from the judgment of conviction. Inasmuch as Albert had been convicted November 30, 1955,…