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STATE v. BOYLAND

No. 12448.

495 P.2d 315 (1972)

27 Utah 2d 268

The STATE of Utah, Plaintiff and Respondent, v. John Walter BOYLAND, Defendant and Appellant.

Supreme Court of Utah.

March 20, 1972.

Attorney(s) appearing for the Case

D. Gilbert Athay, Bruce Lubeck, Salt Lake Legal Defender Assn., Salt Lake City, for defendant and appellant.

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

CALLISTER, Chief Justice.

Defendant was convicted, upon a jury verdict, of the crime of first-degree murder. The jury recommended leniency, and defendant was sentenced to life imprisonment. The prosecution proceeded against defendant under the felony murder rule as provided in § 76-30-3, U.C.A. 1953.

Every murder ... committed in the perpetration of, or attempt to perpetrate, any ... robbery ... is murder in the first degree... .

On appeal,...

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