State v. Shabata

OAKS, Justice.

A jury convicted defendant of the second degree murder of Nabil Mansour, a fellow Libyan student at' Weber State College. On appeal, defendant argues that he was denied a fair trial due to prosecutorial misconduct and that the trial court erred by failing to give a cautionary instruction on oral admissions, by failing to instruct the jury on the lesser included offense of manslaughter, and by denying defendant’s motion for a new trial. We affirm.

The evidence against defendant was entirely circumstantial. We view it in the light most favorable to upholding the verdict. State v.…