State v. Clayton

OAKS, Justice:

Appealing from a jury conviction of attempted murder in the second degree, U.C.A., 1953, § 76-5-203, defendant contends that the district court erred (1) by refusing to instruct the jury on the elements of manslaughter; (2) by excluding evidence of the victim’s reputation for carrying weapons; (3) by refusing to instruct the jury that it must consider all lesser degrees of an offense simultaneously; and (4) by confusing the jury by instructing on two lesser included offenses having identical elements.

On the afternoon of November 14, 1979, defendant was drinking, smoking…