STATE v. NEAL

No. 7813.

123 Utah 93 (1953)

254 P.2d 1053

STATE v. NEAL.

Supreme Court of Utah.

Decided March 28, 1953.


Attorney(s) appearing for the Case

Edward M Morrissey and Arthur A. Allen, Jr., Salt Lake City, for appellant.

Clinton D. Vernon, Atty. Gen., J. Lambert Gibson, Deputy Atty. Gen., Allen B. Sorensen, Asst. Atty. Gen., Q.L.R. Alston, Asst. Atty. Gen., and Bruce S. Jenkins, Asst. Atty. Gen., for respondent.


WADE, Justice.

Defendant, Don Jesse Neal, appeals from the jury's verdict of murder in the first degree and the death sentence, contending: (1) That the verdict is not supported by the evidence because (a) with his hands cuffed behind him he could not have fired the fatal shot and (b) he could not have formed a deliberate and premeditated intention to kill for the shooting occurred during a scuffle; and (2) that inadmissible evidence was received.

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