State v. Mitchell

3 Utah 2d 70 (1955)

278 P.2d 618

STATE OF UTAH, PLAINTIFF AND RESPONDENT,

v.

CHARLES LEE MITCHELL, DEFENDANT AND APPELLANT.

No. 8226.

Supreme Court of Utah.

January 13, 1955.

D.H. Oliver, Salt Lake City, for appellant.

E.R. Callister, Atty. Gen., Ken Chamberlain, John W. Horsley, Salt Lake City, for respondent.

HENRIOD, Justice.

Appeal from a second-degree murder conviction. Affirmed, but remanded for re-sentencing to a term certain instead of to an indeterminate term, which latter sentence in this case was faulty but correctable.[1]

In view of the verdict in this case, the following condensed narrative…