STATE v. MAESTAS

No. 14585.

564 P.2d 1386 (1977)

The STATE of Utah, Plaintiff and Respondent, v. Harry MAESTAS, Defendant and Appellant.

Supreme Court of Utah.

May 31, 1977.


Attorney(s) appearing for the Case

Larry R. Keller of Salt Lake Legal Defender Assn., Salt Lake City, for defendant and appellant.

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


HALL, Justice:

This is an appeal by defendant from a conviction of the offense of assault by a prisoner.

The incident involved arose in the maximum security facility of the Utah State Prison. The assault itself is not generally in dispute but the events leading up to the same are substantially in dispute. The victim, Michael William Hart, maintained at trial that he was struck several times in the face by defendant's fists and that the assault was in response...

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