STATE v. CLOUD

No. 19884.

722 P.2d 750 (1986)

The STATE of Utah, Plaintiff and Respondent, v. John Charles CLOUD, Defendant and Appellant.

Supreme Court of Utah.

Rehearing Denied July 29, 1986.


Attorney(s) appearing for the Case

F. John Hill, Salt Lake City, for defendant and appellant.

David L. Wilkinson, Atty. Gen., J. Stephen Mikita, Salt Lake City, for plaintiff and respondent.


ZIMMERMAN, Justice:

Defendant John Cloud appeals from a jury verdict convicting him of second degree murder. Cloud asserts that the trial court erred in admitting photographs of the victim and in refusing his proffered jury instructions. He also claims that the evidence was insufficient to sustain the conviction. We agree that the trial court abused its discretion in admitting the photographs and reverse and remand for a new trial.

On the morning of May 23...

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