State v. Day

OPINION

RUSSON, Judge:

Lew Day appeals his conviction of manslaughter, a second degree felony, in violation of Utah Code Ann. § 76-5-205 (1990). We affirm.

FACTS

We review the facts in the light most favorable to the jury’s verdict. State v. Harper, 761 P.2d 570 (Utah App.1988).

On August 10, 1989, Lew Day, David Kile, Lewis Sudweeks, and Evan Wiltshire were driving in Day’s truck in Piute County, Utah. The foursome had been drinking throughout the day and were intoxicated. In the early evening, the group stopped along the side of the road to urinate. Day took two rifles from the truck and, when…