STATE v. DOCK

No. 15503.

585 P.2d 56 (1978)

The STATE of Utah, Plaintiff and Respondent, v. Brent Leslie DOCK, Defendant and Appellant.

Supreme Court of Utah.

September 6, 1978.


Attorney(s) appearing for the Case

Robert B. Hansen, Atty. Gen., Craig L. Barlow, Asst. Atty. Gen., R. Paul VanDam, Salt Lake County Atty., Salt Lake City, for defendant and appellant.

Ronald J. Yengich of Salt Lake Legal Defenders Assn., Salt Lake City, for plaintiff and respondent.


MAUGHAN, Justice:

Defendant was convicted in the district court of assault by a prisoner. He contends on appeal the judge erred in instructing the jury regarding the required mental state for his crime. We affirm. All statutory references are to U.C.A., 1953, as amended.

Defendant was incarcerated in the Utah State Prison at the time of the incident giving rise to this appeal. Late one night he threw a can at or near a guard making his rounds, and the two...

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