Browder v. State

RAPER, Justice.

This appeal is from a judgment and sentence based upon appellant’s conviction of first-degree sexual assault in violation of § 6-4-302, W.S.1977.1 The issue he raises *891on appeal is whether the prosecutor’s comments during closing argument constituted plain error.2

We will reverse.

On appeal, when presented with a challenge to the trier of fact’s findings, we are required to accept the evidence of the prevailing party — in this instance the prosecution — as true, and leave out of consideration. entirely the evidence of the appellant in conflict therewith. McCarty v. State, Wyo.,…