State v. Durand

CROCKETT, Justice:

Defendant Howard MacDonald Durand appeals from his conviction by a jury of second-degree murder 1 for killing Larry Bulloch on the night of July 1, 1976, at Kelley’s Trailer Court in downtown Cedar City. He does not deny the killing, but his evidence relates to justification in self-defense, or at least a lesser degree of homicide.

Defendant makes two principal assignments of error: (1) in admitting in evidence the shotgun he used, contending that it was obtained by an unlawful search and seizure; and (2) in refusing to grant a new trial on the ground of misconduct of the…