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STATE v. POWELL

No. 920206.

872 P.2d 1027 (1994)

STATE of Utah, Plaintiff and Appellee, v. Frank Gene POWELL, Defendant and Appellant.

Supreme Court of Utah.

April 8, 1994.

Attorney(s) appearing for the Case

R. Paul Van Dam, Atty. Gen., Marian Decker, Asst. Atty. Gen., Salt Lake City, for plaintiff.

Michael D. Esplin, Provo, for defendant.

HOWE, Justice:

Defendant Frank Gene Powell appeals from a conviction of second degree murder under Utah Code Ann. § 76-5-203 (1990).1 He contends that (1) the depraved indifference murder jury instruction was erroneous; (2) the trial court should not have mandated a particular order of deliberation by the jury; (3) his constitutional right to a unanimous verdict was violated; (4) there was insufficient evidence to convict him; and...

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