Reilly v. State, 4029

Decision Date28 June 1972
Docket NumberNo. 4029,4029
Citation498 P.2d 1236
PartiesRoss Calvin REILLY, Appellant (Defendant below), v. The STATE of Wyoming, Appellee (Plaintiff below).
CourtWyoming Supreme Court

James N. Wolfe, County & Pros. Atty., Sheridan, Clarence A. Brimmer, Atty. Gen., Wm. L. Kallal, Asst. Atty. Gen., Cheyenne, for petitioner and appellee.

William K. Archibald, of Holstedt & Archibald and Bruce P. Badley, Sheridan, for appellant.

Before McINTYRE, C. J., and PARKER, McEWAN, and GUTHRIE, JJ.

PER CURIAM.

The court has examined the petition for rehearing filed herein and insofar as it seeks review hereof on the ground there was substantial credible evidence to sustain the verdict finds no basis therefor. The court had carefully weighed, examined, and considered the testimony argued therein as a reason for rehearing and no good purpose would be served by a rehash thereof.

Insofar as the petition seeks instructions to the district court and county attorney with reference to defendant's disposal, it being our opinion that the record shows the defendant is dangerous to society and insane, he should be returned to the Wyoming State Hospital under his commitment of May 28, 1969, and not be released unless and until his release is approved by a court of competent jurisdiction.

To continue reading

Request your trial
11 cases
  • Fulcher v. State
    • United States
    • Wyoming Supreme Court
    • August 26, 1981
    ...the contrary. State v. Peterson, 24 N.C.App. 404, 210 S.E.2d 883 (1975). Cf., Reilly v. State, Wyo., 496 P.2d 899 (1972), reh. denied, 498 P.2d 1236 (1972). There was an abundance of other credible evidence that appellant was not unconscious at the time of the assault and battery for which ......
  • Corson v. State
    • United States
    • Wyoming Supreme Court
    • December 27, 1988
    ...and sufficient" to support the determination of guilt beyond a reasonable doubt, Reilly v. State, 496 P.2d 899, reh'g denied 498 P.2d 1236 (Wyo.1972); People v. Bennett, 183 Colo. 125, 515 P.2d 466 (1973), and may not be based on guessing, speculation or conjecture. Kogan v. People, 756 P.2......
  • Downs v. State
    • United States
    • Wyoming Supreme Court
    • July 13, 1978
    ...determined not to disturb the jury's function and privilege of deciding the facts. Reilly v. State, Wyo.1970, 496 P.2d 899, reh. den. 498 P.2d 1236; State v. Riggle, 1956, 76 Wyo. 1, 298 P.2d 349, reh. den. 300 P.2d 567, cert. den. 352 U.S. 981, 77 S.Ct. 384, 1 L.Ed.2d 366; Phillips v. Terr......
  • Smith v. State
    • United States
    • Wyoming Supreme Court
    • June 1, 1977
    ...should not be interfered with if there is any substantial evidence to support it. Reilly v. State, Wyo.1972, 496 P.2d 899, reh. den. 498 P.2d 1236; Murdock v. State, Wyo.1960, 351 P.2d 674; State v. Spears, supra. The evidence presented here, viewed as it must be in the light most favorable......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT