STATE v. CASTILLO

No. 11447.

457 P.2d 618 (1969)

23 Utah 2d 70

The STATE of Utah, Plaintiff and Respondent, v. Pete CASTILLO, Defendant and Appellant.

Supreme Court of Utah.

July 23, 1969.


Attorney(s) appearing for the Case

Jay V. Barney, Salt Lake City, Legal Defender Assn., for appellant.

Vernon B. Romney, Atty. Gen., Salt Lake City, for respondent.


CALLISTER, Justice:

Defendant appeals from his conviction upon a jury verdict of the crime of an assault with a deadly weapon, Section 76-7-6, U.C.A. 1953. He contends that the trial court committed prejudicial error by its refusal to instruct the jury as to his theory of the case.

Early in the morning, on March 12, 1968, defendant went to the home of his former wife, Caroline Castillo. He was met at the door by Caroline's brother, Santana Gonzales, who, defendant...

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