State v. Pierce

Utah Supreme Court

State v. Pierce

412 P.2d 923, 17 Utah 2d 394, 1966 Utah LEXIS 490

CourtUtah Supreme Court

DecidedApril 12, 1966

Docket10279

StatusPublished

Cited by2 cases

This text of 412 P.2d 923 (State v. Pierce) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Pierce, 412 P.2d 923, 17 Utah 2d 394, 1966 Utah LEXIS 490 (Utah 1966).

Pincite

Opinion

HENRIOD, Chief Justice:

Appeal from a second degree murder conviction involving a glue-sniffing episode. Affirmed.

Deceased and defendant,' — teenagers,'—sat in defendant’s apartment sniffing glue. Defendant left and returned saying the deceased, whom he later stabbed, was crying, saying ghosts came in through the wall after he left, which ghosts were arguing whether deceased should go with the white or the colored people,- — all hearsay volunteered by the defendant. Defendant said deceased asked him to turn the lights off ’til the ghosts returned. Next defendant said he saw the deceased bleeding when he turned the lights on. He fled and told officers he had attempted to stab the ghosts. The officers found deceased’s wallet containing $25 on defendant at this time.

Defendant urges that there was error in failure to 1) instruct about hallucinations,, etc., 2) to instruct as to voluntary manslaughter, and others.

We are unimpressed and see no error in this case. We affirm the jury’s verdict and the court’s judgment based thereon.

McDonough, wade and callis-TER, JJ., concur. CROCKETT, J., concurs in the result.

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HENRIOD, Chief Justice:

Appeal from a second degree murder conviction involving a glue-sniffing episode. Affirmed.

Deceased and defendant,' — teenagers,'—sat in defendant’s apartment sniffing glue. Defendant left and returned saying the deceased, whom he later stabbed, was crying, saying ghosts came in through the wall after he left, which ghosts were arguing whether deceased should go with the white or the colored people,- — all hearsay volunteered by the defendant. Defendant said deceased asked him to turn the lights off ’til the ghosts returned. Next defendant said he saw the deceased bleeding when he turned the lights on. He fled and told officers he had attempted to stab the ghosts. The officers found deceased’s wallet containing $25 on defendant at this time.

Defendant urges that there was error in failure to 1) instruct about hallucinations,, etc., 2) to instruct as to voluntary manslaughter, and others.

We are unimpressed and see no error in this case. We affirm the jury’s verdict and the court’s judgment based thereon.

McDonough, wade and callis-TER, JJ., concur. CROCKETT, J., concurs in the result.

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Bluebook (online)

412 P.2d 923, 17 Utah 2d 394, 1966 Utah LEXIS 490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-pierce-utah-1966.

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