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STATE v. DUNNIVAN

No. 12355.

486 P.2d 393 (1971)

26 Utah 2d 147

STATE of Utah, Plaintiff and Respondent, v. Wallace DUNNIVAN, Defendant and Appellant.

Supreme Court of Utah.

June 23, 1971.

Attorney(s) appearing for the Case

Lorin R. Blauer, Salt Lake City, for defendant and appellant.

Vernon B. Romney, Atty. Gen., Lauren N. Beasley, Chief Asst. Atty. Gen., Larry V. Lunt, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.

CROCKETT, Justice:

Defendant Wallace Dunnivan appeals from a conviction by jury of the crime of assault with a deadly weapon with intent to do bodily harm.1 The gravamen of his attack upon the judgment is that the evidence does not support the verdict.

At the time of the crime, on October 3, 1970, the defendant and his former wife, Peggy Dunnivan, though divorced 16 months earlier, had been "more or less" living together since...

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