Downs v. State

ARMSTRONG, District Judge, retired, filed a dissenting opinion, in which ROSE, J., joined.

RAPER, Justice.

After a jury trial, the appellant was found guilty of burglary in violation of Section 6-129, W.S.1957, [Section 6-7-201, W.S.1977]. 1 The issues are:

1. Whether the appeal was timely taken.

2. If the appeal is properly before us,(a) Whether the evidence was, as a matter of law, sufficient to sustain a conviction for burglary;(b) Whether instructions by the trial court, with drunkenness as a legal excuse for crime, misstated the law and are contradictory.

We will hold the appeal to have been…