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STATE v. MAGUIRE

No. 13386.

529 P.2d 421 (1974)

The STATE of Utah, Plaintiff and Respondent, v. Brian Edward MAGUIRE, Defendant and Appellant.

Supreme Court of Utah.

December 10, 1974.

Attorney(s) appearing for the Case

Larry R. Keller, Salt Lake Legal Defender Assn., Salt Lake City, for defendant and appellant.

Vernon B. Romney, Atty. Gen., M. Reid Russell, Earl F. Dorius, Asst. Attys. Gen., Salt Lake City, for plaintiff and respondent.

HENRIOD, Justice:

Appeal from a second-degree murder conviction by the court after defendant had waived a jury on his own motion. Affirmed.

Defendant had been charged with first-degree murder, but the trial court, on the strength of Furman v. Georgia,1 advised defendant and his counsel that he considered the death penalty had been abolished by that case,2 and hence dismissed the first-degree...

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