State v. Perdue

OPINION

GARFF, Judge:

Terry Wayne Perdue appeals his conviction of murder in the second degree, a first degree felony, in violation of Utah Code Ann. § 76-5-203 (Supp.1989), arguing that his own jury instructions, submitted by the defense, violated his due process rights and that the evidence was insufficient to support the verdict. We affirm.

FACTS

We recite the facts from the record in the light most favorable to the jury verdict, State v. Johnson, 774 P.2d 1141, 1147 (Utah 1989); State v. Pedersen, 802 P.2d 1328, 1330 (Utah App.1990). In the late afternoon of October 18, 1988, defendant…