STATE v. KIRKHAM

No. 8684.

7 Utah 2d 108 (1958)

319 P.2d 859

STATE OF UTAH, PLAINTIFF AND RESPONDENT, v. BARTON KAY KIRKHAM, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

January 6, 1958.


Attorney(s) appearing for the Case

Wayne L. Black, Lamar Duncan, Salt Lake City, for appellant.

E.R. Callister, Jr., Atty. Gen., Walter L. Budge, Asst. Atty. Gen., for respondent.


HENRIOD, Justice.

Appeal from a murder conviction. Affirmed. Italics are ours.

The facts are not in dispute. While burglarizing a grocery store and having taken money therefrom, defendant required David Avon Frame and Ruth Holmes Webster to lie down on the floor, when he shot each in the back of the head, killing both.

Defendant urges error in 1) the giving of an instruction relating to insanity and 2) in failing to instruct that the state had a mental...

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