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Utah Supreme Court· 6/30/1982

State v. Howell

Citations

  • 649 P.2d 91
  • 1982 Utah LEXIS 1002

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the court in a murder trial properly gave a lesser included offense instruction on manslaughter over the defendant's objection
  • holding that one can be convicted of attempted manslaughter under the subsections of section 76-5-205 that require intentional conduct but not under the subsection that only requires the mens rea of recklessness
  • explaining that a jury is not “obligated to believe the evidence most favorable to [the] defendant”
  • explaining that a jury is not “obligated to believe the evidence most favorable to [the] defendant” and that the “existence of contradictory evidence or of conflicting inferences does not warrant disturbing the jury’s verdict” on appeal
  • trial court may properly give lesser included offense instruction, even over a defendant’s objection, if there is clearly no risk he or she will be prejudiced by lack of notice
  • evidence sufficient to support convictions for manslaughter and attempted manslaughter

Source: CourtListener parenthetical corpus (CC0).

Judges: Stewart, Hall, Oaks, Howe, Durham

Read full opinion on CourtListener

Cited by

58 cases in this archive cite this case; the 20 most cited are listed.

Cites

17 cases in this archive are cited by this case.

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