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STATE v. COTE

No. 12581.

492 P.2d 986 (1972)

27 Utah 2d 24

STATE of Utah, Plaintiff and Respondent, v. Richard Stanislaus COTE, Defendant and Appellant.

Supreme Court of Utah.

January 7, 1972.

Attorney(s) appearing for the Case

Patrick H. Fenton, Cedar City, for defendant-appellant.

Vernon B. Romney, Atty. Gen., David S. Young, Chief Asst. Atty. Gen., Henry D. Stagg, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.

TUCKETT, Justice:

The defendant was found guilty of murder in the first degree and on February 20, 1971, he was sentenced to life imprisonment. The defendant is here seeking a reversal. On July 12, 1969, the defendant went to the home where his wife was then living in Iron County armed with a gun which he used to mortally wound Kathryn Cote, his wife. Prior to the fatal shooting the defendant had kept the home under surveillance for some time and thereafter approached...

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