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STATE v. WINKLE

No. 13280.

528 P.2d 467 (1974)

STATE of Utah, Plaintiff and Respondent, v. James Walter WINKLE, Defendant and Appellant.

Supreme Court of Utah.

November 18, 1974.

Attorney(s) appearing for the Case

Heber Grant Ivins, American Fork, for defendant-appellant.

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

CALLISTER, Chief Justice:

The defendant was convicted, by a jury, of first degree murder and sentenced to death by the trial court who, undoubtedly influenced by language contained in some of the nine separate opinions of Furman v. Georgia,1 refused to allow the jury an opportunity to recommend life imprisonment. At the time of the sentencing Section 76-30-4, U.C.A. 1953 provided:

Every person guilty of murder in the first degree...

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