rected at a claimed improper restriction of cross-examination at the preliminary hearing, and the restriction is the refusal of the justice conducting the hearing to allow a question to the victim concerning sexual intercourse had by her previous to the sexual assault alleged in the complaint, the motion is properly rejected where the question is beyond the scope of direct examination. Weddle v. State, 621 P.2d 231, 1980 Wyo. LEXIS 327 (Wyo. 1980). Inference of location proper. — Where the record of the preliminary hearing is pep- pered with references to well-known landmarks and streets and the only thing lacking is the full-blown statement that the events took place in a certain county, there was sufficient evi- dence from which the justice of the peace could reasonably infer that the alleged crime took place in that county. Snyder v. State, 599 P.2d 1338, 1979 Wyo. LEXIS 448 (Wyo. 1979). When continuance allowed for absence of witness. — Where a party seeks a continu- ance in a preliminary hearing, due to the ab- sence of a witness, there must be a showing that the witness’ testimony would be material were he allowed to testify, and that the moving party has used due diligence to procure the attendance of the witness. Haight v. State, 654 P.2d 1232, 1982 Wyo. LEXIS 416 (Wyo. 1982). Granting continuance within court’s discretion. — The matter of granting a con- tinuance is within the discretion of the court. Haight v. State, 654 P.2d 1232, 1982 Wyo. LEXIS 416 (Wyo. 1982). Refiling of charge not barred after prior dismissal. — Neither the doctrine of res judi- cata nor the doctrine of collateral estoppel barred the refiling of an attempted kidnapping charge and subsequent preliminary hearing after the charge was dismissed under Wyo. R. Crim. P. 5.1(c) following a preliminary hearing where a lack of probable cause was found. Rathbun v. State, 2011 WY 116, 257 P.3d 29, 2011 Wyo. LEXIS 120 (Wyo. 2011).
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