STATE v. VELARDE

No. 19697.

734 P.2d 449 (1986)

STATE of Utah, Plaintiff and Respondent, v. Jerry Lee VELARDE, Defendant and Appellant.

Supreme Court of Utah.

December 4, 1986.


Attorney(s) appearing for the Case

Andrew A. Valdez, 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.


HALL, Chief Justice:

Defendant Jerry Lee Velarde was convicted of murder in the second degree, U.C.A., 1953, § 76-5-203(1)(a), (b) (Repl. Vol. 8B, 1978 ed., Supp. 1985) (amended 1986), following a trial to a jury. We reverse.

On June 13, 1983, Richard McIntyre was attacked from behind, without provocation, by three individuals as he sat on a picnic bench at Washington Park in Salt Lake City. Two of the attackers carried wood two-by-fours approximately...

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