Boggess v. State

HOWE, Justice:

The defendant, Walter Preston Boggess, Jr., was tried for the shooting death of his wife. A jury convicted him of manslaughter and he was sentenced to a term of 1 to 15 years in the Utah State prison. He alleges error in that the trial judge failed to instruct the jury on a lesser included offense and failed to grant a mistrial as a result of juror bias. Defendant also alleges that he was denied effective assistance of counsel in violation of his constitutional rights.

This case is before us for the third time. On October 16, 1979, we dismissed defendant’s appeal without…