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STATE v. HOWARD

No. 15897.

597 P.2d 878 (1979)

STATE of Utah, Plaintiff and Respondent, v. David James HOWARD, Defendant and Appellant.

Supreme Court of Utah.

June 22, 1979.

Attorney(s) appearing for the Case

David J. Knowlton, Ogden, for defendant and appellant.

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

MAUGHAN, Justice:

Defendant was convicted in a jury trial of two counts of criminal homicide, viz., second degree murder and manslaughter. His sole contention before us is the district court erred by refusing his requested instruction on the lesser included offense of negligent homicide. We affirm. All statutory references are to Utah Code Ann., 1953, as amended.

The facts are essentially undisputed. In late summer...

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