State v. Markham

LARSON, Justice.

The defendant was charged with murder in the first degree, and the jury returned a verdict of guilty of murder in the first degree with recommendation of life imprisonment. The trial court disregarded the recommendation and sentenced the defendant to death.

The evidence is not disputed. The defendant worked part time as a porter and boot-black in the lobby of an office building in Salt Lake City in which the deceased, Mr. Smith, owned and operated a magazine, candy, and cigar stand. On the day of the murder, November 25, 1939, the defendant was seen leaving the lobby of this…