State v. Neal

WADE, Justice.

Defendant, Don Jesse Neal, appeals from the jury’s verdict of murder in the first degree and the death sentence, contending: (1) That the verdict is not supported by the evidence because (a) with his hands cuffed behind him he could not have fired the fatal shot and (b) he could not have formed a deliberate and premeditated intention to kill for the shooting occurred during a scuffle; and (2) that inadmissible evidence was received.

About 2 p. m. of May 23, 1951, Owen T. Farley, a Salt Lake police officer, arrested the defendant near a car, which defendant had been using, which…