State v. Murphy

CROCKETT, Justice:

Eugene John Murphy appeals from a conviction of first degree murder 1 based on the shooting of Joseph Wesemann during the perpetration of a robbery in Wese-mann’s grocery store at 1311 South Eighth West, Salt Lake City, on the afternoon of December 4, 1969.

Defendant’s contentions are: (1) that under the court’s instructions the case was not properly presented to the jury with respect to his criminal intent, and (2) that he was denied due process of law as a result of improper identification procedures.

At about 2 o’clock on the afternoon referred to, defendant Murphy and…