STATE v. McNICOL

No. 14449.

554 P.2d 203 (1976)

STATE of Utah, Plaintiff and Respondent, v. James Eldon McNICOL, Defendant and Appellant.

Supreme Court of Utah.

August 25, 1976.


Attorney(s) appearing for the Case

Sumner J. Hatch and L.E. Richardson, of Hatch, McRae & Richardson, Salt Lake City, for defendant-appellant.

Vernon B. Romney, Atty. Gen., Earl F. Dorius, Asst. Atty. Gen., Salt Lake City, for plaintiff-respondent.


MAUGHAN, Justice.

Defendant appeals from his conviction by a jury of the crime of murder in the second degree. His sole ground for appeal is that his representation by appointed counsel was so inadequate as to violate his right to counsel as guaranteed by Article I, Section 12, Constitution of Utah, and by the Sixth and Fourteenth Amendments, United States Constitution. We sustain the conviction.

Prior to midnight on July 23, 1975, defendant strangled his...

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