Legal Opinion
State v. McCovey
Utah Supreme Court
Decided December 18, 1990No. 890137PublishedCited by 37 opinions
1Opinion of the Court
HALL, Chief Justice:
Defendant Charles Kenneth McCovey was convicted of second degree (felony) murder, a first degree felony,1 and aggravated robbery, a first degree felony.2 The trial court sentenced McCovey for both crimes, and he now appeals the aggravated robbery sentence, claiming that it is a lesser included offense of second degree felony murder.
On April 22, 1988, McCovey robbed a Kearns, Utah video store. During the course of the robbery, he shot and killed a customer in the store. McCovey maintained throughout the trial that the shooting was an accident.
The State charged McCovey with…
2Cases cited48 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Benton v. MarylandSupreme Court of the United States · 1969
- Brown v. OhioSupreme Court of the United States · 1977
- Missouri v. HunterSupreme Court of the United States · 1983
- Whalen v. United StatesSupreme Court of the United States · 1980
43 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- State v. BluffUtah Supreme Court · 2002
- State v. BondUtah Supreme Court · 2015
- State v. BrooksUtah Supreme Court · 1995
- State v. FedorowiczUtah Supreme Court · 2002
- State v. BisnerUtah Supreme Court · 2001
32 more not listed; retrieve them via the Exa API.