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STATE v. MURPHY

No. 12277.

489 P.2d 430 (1971)

26 Utah 2d 330

STATE of Utah, Plaintiff and Respondent, v. Eugene John MURPHY, Defendant and Appellant.

Supreme Court of Utah.

October 4, 1971.

Attorney(s) appearing for the Case

Robert Van Sciver, D. Gilbert Athay, Salt Lake Legal Defender Ass'n, Salt Lake City, for defendant-appellant.

Vernon B. Romney, Atty. Gen., Lauren N. Beasley, Asst. Atty. Gen., Salt Lake City, for plaintiff-respondent.

CROCKETT, Justice:

Eugene John Murphy appeals from a conviction of first degree murder1 based on the shooting of Joseph Wesemann during the perpetration of a robbery in Wesemann's grocery store at 1311 South Eighth West, Salt Lake City, on the afternoon of December 4, 1969.

Defendant's contentions are: (1) that under the court's instructions the case was not properly presented to the jury with respect to his criminal intent, and...

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