State v. Velarde

HALL, Chief Justice:

Defendant Jerry Lee Velarde was convicted of murder in the' second degree, U.C.A., 1953, § 76-5-203(l)(a), (b) (Repl. Vol. 8B, 1978 ed., Supp.1985) (amended 1986), following a trial to a jury. We reverse.

On June 13, 1983, Richard McIntyre was attacked from behind, without provocation, by three individuals as he sat on a picnic bench at Washington Park in Salt Lake City. Two of the attackers carried wood two-by-fours approximately two and one-half feet long, while the third carried a rounded stick resembling an ax handle. McIntyre was hit at least six times about the head…