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STATE v. GAXIOLA

No. 14069.

550 P.2d 1298 (1976)

The STATE of Utah, Plaintiff and Respondent, v. Miguel GAXIOLA, Defendant and Appellant.

Supreme Court of Utah.

June 1, 1976.

Attorney(s) appearing for the Case

F. John Hill and Stephen R. McCaughey, of Salt Lake Legal Defender Ass'n, Salt Lake City, for defendant and appellant.

Vernon B. Romney, Atty. Gen., Earl F. Dorius, Asst. Atty. Gen., R. Paul Van Dam, Salt Lake County Atty., Salt Lake City, for plaintiff and respondent.

MAUGHAN, Justice:

On appeal is a jury verdict convicting one of the defendants of murder in the second degree. Both defendants were ably represented. We affirm.

Defendant Gaxiola and Isaac Leyvas were charged with murder in the first degree. Upon trial before a jury, Leyvas was acquitted, but Gaxiola was convicted of murder in the second degree. Gaxiola appeals.

The accused and the victim were inmates at Utah State Prison. The victim was Lalo Trujillo...

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