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STATE v. POE

No. 10716.

441 P.2d 512 (1968)

21 Utah 2d 113

The STATE of Utah, Plaintiff and Respondent, v. Roy Lee POE, Defendant and Appellant.

Supreme Court of Utah.

June 4, 1968.

Attorney(s) appearing for the Case

Ronald N. Boyce, Salt Lake County Bar Legal Services, Salt Lake City, for appellant.

Phil L. Hansen, Atty. Gen., Gary A. Frank, Asst. Atty. Gen., Salt Lake City, for respondent.

CALLISTER, Justice:

Defendant, Roy Lee Poe, was convicted of the first degree murder of Kenneth Hall. The murder occurred in St. George, Utah (population about 5,130), and the trial was held there. The deceased had been a lifelong resident of the community, whereas the defendant was a comparative newcomer. The jury, in returning its verdict of guilty, did not recommend life imprisonment.1 Whereupon, the court pronounced the death penalty...

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