STATE v. ROSS

No. 12545.

501 P.2d 632 (1972)

28 Utah 2d 279

STATE of Utah, Plaintiff and Respondent, v. Walter Parnell ROSS, Defendant and Appellant.

Supreme Court of Utah.

September 29, 1972.


Attorney(s) appearing for the Case

D. Gilbert Athay, Salt Lake City, of Salt Lake City Legal Defender Assn., for defendant-appellant.

Vernon B. Romney, Atty. Gen., David S. Young and David R. Irvine, Asst. Attys. Gen., Salt Lake City, for plaintiff-respondent.


CALLISTER, Chief Justice:

Defendant appeals from his conviction by a jury of the crime of second-degree murder. His primary assertion of error is predicated on the ground that there was insufficient evidence to support a finding of malice aforethought, a requisite element of second-degree murder.

In the early morning hours of June 20, 1970, defendant admittedly killed his wife, Juanita, but he contends that it was upon a sudden quarrel or in the heat of passion...

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