(Download) "Higby v. State" by Supreme Court of Wyoming " Book PDF Kindle ePub Free
eBook details
- Title: Higby v. State
- Author : Supreme Court of Wyoming
- Release Date : January 28, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Defendant was charged in two counts (1) with the unlawful sale of a narcotic drug to David Reng, over twenty-one and (2) with conspiracy to commit a felony. His counsel moved for dismissal on the ground that the States evidence as presented at the preliminary hearing showed him to have been entrapped and acting as an agent of the State. This motion was denied as was a motion for change of judge, and thereafter defendants counsel signed and filed "Waiver and Withdrawal of Defense," stating, "Defendant Lawrence H. Higby, Jr., hereby withdraws and waives the defense of entrapment * * *." Upon a hearing of the cause the jury rendered a verdict of guilty on the first count, "Illegal sale of a narcotic drug." The following day defendant appeared before the court for sentence, at which time his counsel requested probation, saying that defendant desired to undergo treatment at the state hospital under the drug abuse program, had no previous felonies, and only three minor misdemeanors in the past. The court thereupon recited a conversation with defendants father, and with another judge who had been requested by the father to call the court concerning defendant. The county attorney on being interrogated said that defendant had been suspected of being a pusher in Lander, his home town, had at Laramie lived in the "Sixth Street house," which had been the hub of the drug activities, and that at the time of his arrest he had forty-two tablets of LSD and three hypodermic syringes with needles. The court sentenced defendant for a period of eighteen to twenty-four months in the penitentiary. His counsel filed a timely notice of appeal and concurrently a motion for reduction of sentence and affidavit for change of judge on the ground that he believed because of "the bias, or prejudice" of the presiding judge he could not obtain a "fair trial." The motion for change of judge was denied, and defendant then unsuccessfully sought a writ of prohibition from this court to prevent the judges proceeding with the hearing of the motion for reduction of sentence, which reduction was thereafter denied, and the present appeal has resulted.