State v. Risk

520 P.2d 215 (1974)

STATE of Utah, Plaintiff and Respondent,

v.

John Robert RISK, Defendant and Appellant.

No. 13430.

Supreme Court of Utah.

March 14, 1974.

Lyle W. Hillyard, Logan, for defendant and appellant.

Vernon B. Romney, Atty. Gen., Earl F. Dorius, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.

ELLETT, Justice:

The appellant seeks a reversal of his conviction of automobile homicide, a felony, upon two assignments of reversible error, viz.:

1. That the trial court erred in refusing to instruct the jury as to the lesser included offense of negligent homicide.

2. That the trial…