STATE v. HOWLAND

No. 860331-CA.

761 P.2d 579 (1988)

STATE of Utah, Plaintiff and Respondent, v. James F. HOWLAND, Defendant and Appellant.

Court of Appeals of Utah.

September 16, 1988.


Attorney(s) appearing for the Case

Lisa J. Remal, Joan C. Watt, Salt Lake Legal Defender Assoc., Salt Lake City, for defendant and appellant.

David L. Wilkinson, State Atty. Gen., Sandra L. Sjogren, Asst. Atty. Gen., for plaintiff and respondent.

Before BILLINGS, DAVIDSON and JACKSON, JJ.


OPINION

JACKSON, Judge:

James F. Howland appeals his jury conviction for attempted aggravated assault. He raises several points of error, but the dispositive issue is whether the court prejudicially erred in giving a flight instruction to the jury. We reverse and remand for a new trial.

On July 6, 1986, Elliston, the night manager at a McDonald's Restaurant, discovered Howland hiding behind a garbage dumpster in a partially enclosed area at the rear...

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