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STATE v. WINKLE

No. 13280.

535 P.2d 82 (1975)

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

Supreme Court of Utah.

May 1, 1975.

Attorney(s) appearing for the Case

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

Vernon B. Romney, Atty. Gen., David L. Wilkinson, William T. Evans, Asst. Attys. Gen., Salt Lake City, Noall T. Wooton, Utah County Atty., Provo, for plaintiff and respondent.

CROCKETT, Justice:

The principal error complained of on this appeal was the failure of the trial court to submit to the jury and allow them to consider the issue of leniency under the then applicable statute, Section 76-30-4, U.C.A. 1953:

Every person guilty of murder in the first degree shall suffer death, or, upon the recommendation of the jury, may be imprisoned at hard labor in the state prison for life, in the discretion of the court.

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