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STATE v. BINDRUP

No. 18134.

655 P.2d 674 (1982)

STATE of Utah, Plaintiff and Respondent, v. Brent BINDRUP, Defendant and Appellant.

Supreme Court of Utah.

September 24, 1982.

Attorney(s) appearing for the Case

Bernard L. Allen, Reed M. Richards, Ogden, for defendant and appellant.

David L. Wilkinson, Robert N. Parrish, Salt Lake City, for plaintiff and respondent.

HALL, Chief Justice:

Defendant appeals his conviction of second degree murder.1

Mr. Robert N. Parrish, Assistant Attorney General, appearing for and on behalf of the plaintiff, has candidly and forthrightly confessed error, which consists of misapplication of the law to the facts of this case.

This case was tried to the court, sitting without a jury. The trial judge determined that the evidence demonstrated beyond a reasonable...

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