STATE v. MITCHESON

No. 14629.

560 P.2d 1120 (1977)

The STATE of Utah, Plaintiff and Respondent, v. Gary Alfred MITCHESON, Defendant and Appellant.

Supreme Court of Utah.

February 15, 1977.


Attorney(s) appearing for the Case

Don Blackham, of Blackham & Boley, Salt Lake City, for defendant-appellant.

Vernon B. Romney, Atty. Gen., Earl F. Dorius, Asst. Atty. Gen., Salt Lake City, Ronald B. Boutwell, Carbon County Atty., Price, for plaintiff and respondent.


CROCKETT, Justice:

The defendant, Gary Alfred Mitcheson, was convicted of murder in the second degree for shooting Richard Herrera in the front yard of 432 South Fourth East, Price, Utah, at about 3:30 a.m. on February 7, 1976. He was sentenced to a term of five years to life in the state prison.

On his appeal the point of critical concern is his charge that the trial court erred in refusing his request to instruct the jury on the defense of using force in...

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