STATE v. STRIEBY

No. 890124-CA.

790 P.2d 98 (1990)

STATE of Utah, Plaintiff and Respondent, v. Erlene Kay STRIEBY, Defendant and Appellant.

Court of Appeals of Utah.

March 30, 1990.


Attorney(s) appearing for the Case

Neil A. Kaplan (argued) and Anneli R. Smith, Clyde, Pratt & Snow, Salt Lake City, for defendant and appellant.

R. Paul Van Dam, State Atty. Gen. and Charlene Barlow (argued), Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.

Before BENCH, GREENWOOD and JACKSON, JJ.


OPINION

GREENWOOD, Judge:

Defendant Erlene Kay Strieby was convicted of manslaughter, a second degree felony, pursuant to Utah Code Ann. § 76-5-205 (Supp. 1989). She appeals her conviction, claiming that the evidence presented at trial was insufficient to justify a conviction of manslaughter. We reverse.

On July 8, 1988, defendant shot her husband, Chris Strieby, while both were in their condominium in Tooele, Utah. On the morning of that same...

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