Gee v. Smith

I concur, and so doing, point out that the defendant has now had three tries (and I don’t know how many more in the federal courts) — , two of which virtually were du*8plications of the first, which latter was reported by unanimous opinion in 28 Utah 2d 96, 440 P.2d 968 (1972), wherein we sustained a first-degree murder verdict and judgment on evidence that pointed up the fact that defendant, in a rather suspicious scenario with the mother of a 22-month-old male toddler, born to a previous paramour, killed him. In the mothers’ absence, — so the jury concluded, Gee had something to do with some…