State v. Garcia

WADE, Justice.

Defendant, Garcia, appeals from a judgment on a jury verdict finding him guilty of murder in the first degree without recommendation of leniency. Garcia and Mack Rivenburgh and Leonard Bowne were charged in separate actions with murdering LeRoy Verner on August 24, 1958. The killing occurred at the Utah State Prison where the deceased and the alleged killers were inmates.

Garcia claims that he understood that he and Bowne were acting as lookouts for Rivenburgh and deceased while engaged in homosexual relations, and although there is evidence that he gave Rivenburgh a knife, and…