State v. Clayton

DURHAM, Justice:

The appellant/defendant appeals from a conviction of criminal homicide under the provisions of § 76-5-203(l)(b), U.C.A., 1977, which states:

Murder in the second degree —(1) Criminal homicide constitutes murder in the second degree if the actor:

* * * * * #(b) Intending to cause serious bodily injury to another, he commits an act clearly dangerous to human life that causes the death of another ....

The defendant was charged with the beating death of John Linde, a 91-year-old man living alone at the time of the crime. A neighbor found him badly injured and semiconscious on the…