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STATE v. KIRBY

No. 12651.

501 P.2d 110 (1972)

28 Utah 2d 246

The STATE of Utah, Plaintiff and Respondent, v. Ronald Ray KIRBY, Defendant and Appellant.

Supreme Court of Utah.

September 22, 1972.

Attorney(s) appearing for the Case

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

Vernon B. Romney, Atty. Gen., David S. Young, William T. Evans, Asst. Attys. Gen., Salt Lake City, for plaintiff-respondent.

HENRIOD, Justice:

Appeal from a conviction when a convict killed a guard in violation of Title 76-7-12, Utah Code Annotated 1953, as amended (Laws of Utah 1957, ch. 162, sec. 1, Vol. 8, 1971 Pocket Supp., p. 48), where Kirby not only was convicted under that legislation but also under Title 76-30, U.C.A. 1953, the murder statute, — this appeal being from the former and not the latter charge (which was uncontested here) — all under one point of appeal...

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