[Download] "State v. Reisch" by Supreme Court of Wyoming # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Reisch
- Author : Supreme Court of Wyoming
- Release Date : January 28, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
The occurrences leading up to the Sheridan County Attorney's bill of exceptions under the provisions of
7-288 7-291, W.S. 1957, had their genesis in Floyd Reisch, Jr.'s, plea of guilty to a charge of grand larceny January 29,
1970, and at that time his being placed by the district court on probation for a term of two years, conditioned, among other
things, that he should "not violate any law of the State of Wyoming" and "not use intoxicants of any form." On January 4,
1971, the county attorney filed a motion to revoke probation and application for bench warrant, reciting that the probationer
had on December 25, 1970, been guilty of grand larceny in the violation of 6-132, W.S. 1957, and had on several
occasions used intoxicants in violation of the order of probation. The court thereupon issued and caused to be served upon
Reisch an order to show cause why the order of probation should not be revoked. At the day set for hearing, the court appointed
counsel for Reisch, and the matter some days later came on for hearing on the motion. After some preliminary conversation
between court and counsel the court asked if there had been an adjudication of guilt as to the crime alleged in the motion,
was told by the county attorney that he thought such determination was the subject of the hearing and that the State was prepared
to proceed with evidence of probationer's violation of Wyoming laws. The court refused to hear evidence, stating, inter alia: "* * * there's going to have to be a conviction here if there isn't a plea of guilty entered in this charge. I'm not going
to try him here on a crime on a motion to revoke because he's innocent until he's proven guilty. He has a right to a trial
by jury, he has a right to be represented, he has a right to a formal trial.
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