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STATE v. BENSON

No. 19539.

712 P.2d 256 (1985)

STATE of Utah, Plaintiff and Respondent, v. Bruce Alan BENSON, Defendant and Appellant.

Supreme Court of Utah.

December 23, 1985.

Attorney(s) appearing for the Case

Gary H. Weight, Provo, for defendant and appellant.

David L. Wilkinson, Atty. Gen., and Earl F. Dorius, Salt Lake City, for plaintiff and respondent.

HOWE, Justice:

Defendant Benson appeals from a conviction of manslaughter, U.C.A., 1953, § 76-5-205, for recklessly causing the death of his four-month-old son, Michael.

Michael seemed in good health at 10:00 p.m. on Saturday, May 14, 1983, when Benson's sister, Susan, left his apartment to return to her own apartment in the same complex. Benson's wife, Sarah, returned from work at 11:00 p.m., at which time the child was in his crib, presumably asleep...

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