Wyo. Stat. § 35-7-1050

Burden of proof; liability of officers.

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(a) It is not necessary for the state to negate any
exemption or exception in this act in any complaint,
information, indictment, or other pleading or in any trial,
hearing, or other proceeding under this act. The burden of proof
of any exemption or exception is upon the person claiming it.

     (b) In the absence of proof that a person is the
authorized holder of an appropriate registration or order form
issued under this act, he is presumed not to be the holder of
the registration or form. The burden of proof is upon him to
rebut the presumption.

     (c) No liability is imposed by this act upon any
authorized state, county, or municipal officer engaged in the
lawful performance of his duties.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1983–2022 · leading case: Alfonso Roman v. The State of Wyoming

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Alfonso Roman v. The State of Wyoming (2022) wyo · cites it 16× “[¶16] To determine which party had the burden of proof, we first examine Wyo. Stat. Ann. § 35-7-1050 (a) which states: It is not necessary for the state to negate any exemption or exception in this act in any complaint, information, indictment, or other pleading or in any trial,…”

Dover v. State (1983) wyo · cites it 2× “Section 35-7-1050(a), W.S. 1977, provides: “(a) It is not necessary for the state to negate any exemption or exception in this act [§§ 35-7-1001 to 35-7-1055] in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this…”

Shumaker v. State (2007) wyo · cites it 2× “In support of its argument, the State directs us to Wyo. Stat. Ann. § 35-7-1050 (a) (LexisNexis 2007) which provides: *13 (a) It is not necessary for the state to negate any exemption or exception in this act 2 in any complaint, information, indictment, or other pleading or in…”

— Wyo. Stat. § 35-7-1050(a) — 2 cases

Alfonso Roman v. The State of Wyoming (2022) wyo “[¶16] To determine which party had the burden of proof, we first examine Wyo. Stat. Ann. § 35-7-1050 (a) which states: It is not necessary for the state to negate any exemption or exception in this act in any complaint, information, indictment, or other pleading or in any trial,…”

Dover v. State (1983) wyo “Section 35-7-1050(a), W.S. 1977, provides: “(a) It is not necessary for the state to negate any exemption or exception in this act [§§ 35-7-1001 to 35-7-1055] in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this…”

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