State v. Dock

MAUGHAN, Justice:

Defendant was convicted in the district court of assault by a prisoner. He contends on appeal the judge erred in instructing the jury regarding the required mental state for his crime. We affirm. All statutory references are to U.C.A., 1953, as amended.

Defendant was incarcerated in the Utah State Prison at the time of the incident giving rise to this appeal. Late one night he threw a can at or near a guard making his rounds, and the two exchanged words. Early that morning, two guards entered defendant’s cell to transfer him to maximum security. The evidence conflicts as to…