STATE v. TILLMAN

No. 19000.

750 P.2d 546 (1987)

STATE of Utah, Plaintiff and Respondent, v. Elroy TILLMAN, Defendant and Appellant.

Supreme Court of Utah.

Rehearing Denied February 24, 1988.


Attorney(s) appearing for the Case

Martin Verhoef, James N. Barber, David E. Yocom, Salt Lake City, for defendant and appellant.

David L. Wilkinson, David B. Thompson, Salt Lake City, for plaintiff and respondent.


HALL, Chief Justice:

After a trial before a jury, defendant was convicted of first degree murder in violation of Utah Code Ann. § 76-5-202 (1978) (amended 1983, 1984 & 1985) and sentenced to death. On appeal, he raises ten points of error.

I. FACTS

On May 26, 1982, Mark Schoenfeld was found dead in his smoke-filled apartment. He was lying on a smoldering bed, and his body was badly burned. Experts determined that the fire had been deliberately...

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