State v. Starks

STEWART, Justice:

Defendant was charged with murder in the second degree, in violation of § 76-5-203, Utah Code Ann. (1953), as amended, and tried and found guilty of the lesser included offense of manslaughter. Defendant appeals on the ground that the trial court improperly instructed the jury as to self-defense and burden of proof.

Kaylene Griggs, a friend of defendant, worked at the Golden Fleece, a bar located directly above the establishment at which defendant was employed. On the evening of September 29, 1978, defendant was to pick up Ms. Griggs in order for her to wave his hair. When…