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STATE v. PENDERGRASS

No. 900110-CA.

803 P.2d 1261 (1990)

STATE of Utah, Plaintiff and Appellee, v. John Fletcher PENDERGRASS, Defendant and Appellant.

Court of Appeals of Utah.

December 7, 1990.

Attorney(s) appearing for the Case

Dale M. Dorius (argued), Dorius and Miller, Brigham City, for defendant and appellant.

R. Paul Van Dam, State Atty. Gen., Christine F. Soltis (argued), Asst. Atty. Gen., for plaintiff and appellee.

Before BENCH, GARFF and JACKSON, JJ.

OPINION

BENCH, Judge:

John F. Pendergrass appeals his conviction of murder in the second degree, a first-degree felony, in violation of Utah Code Ann. § 76-5-203 (1990).1 We affirm.

On May 27, 1987, defendant joined the victim, Ray Jenkins, on an overnight fishing trip to Willard Bay. Among the items Jenkins packed was a .22 caliber revolver. Defendant and Jenkins were traveling in Jenkins's truck. They stopped at...

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