STATE v. FISHER

No. 18452.

680 P.2d 35 (1984)

STATE of Utah, Plaintiff and Respondent, v. Howard F. FISHER, Defendant and Appellant.

Supreme Court of Utah.

March 8, 1984.


Attorney(s) appearing for the Case

Ron. J. Yengich, Salt Lake City, for defendant and appellant.

David L. Wilkinson, Atty. Gen., J. Stephen Mikita, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.


OAKS, Justice:

A jury convicted defendant of second degree murder for the strangulation death of Jolene Scott, a prostitute who defendant believed was having a homosexual affair with his wife. On appeal, defendant claims that he was denied a fair trial because the prosecutor's opening statement outlined damaging testimony that was never produced at trial.

According to defendant's signed statement and trial testimony...

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