State v. Jensen

120 Utah 531 (1951)

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State v. Jensen

Utah Supreme Court
120 Utah 531 (1951)

Facts

Jensen (defendant) and his wife were at a dance and were drinking. Jensen lost his car keys and sent his wife to get a taxi. Val Gene Steele had also been drinking at the dance and he told Mrs. Jensen that he would drive her and Jensen home. Once Jensen’s wife was in Steele’s truck, however, Steele drove past Jensen and continued to a public park. Jensen’s wife claimed that Steele then propositioned her and tried to force himself on her, but she struggled with him and made him stop. Steele drove her back to where Jensen was waiting. Mrs. Jensen told Jensen about the incident the next morning. Jensen spent that afternoon drinking with his friend Sherill Crane at a bar. Throughout the afternoon Jensen loudly told other patrons in the bar about the incident and that he was going to “beat [Steele] to death” and “kill the son of a bitch.” The two men decided that Crane should get Steele and bring him to the bar so that Jensen could kill him. Crane took Jensen’s truck, found Steele, and lied to Steele about needing his help. Steele willingly went with Crane and Crane drove back to the bar. Jensen came out of the bar and proceeded to attack and beat Steele through the window of the truck, while Steele attempted to stay inside the truck and protect himself. During the attack Jensen continued to expressly declare his intention to kill Steele. A witness eventually pulled Jensen off Steele, who was badly injured around his head and face. Steele managed to get home, but appeared confused and delirious, and within two hours he was dead. Jensen was convicted of second-degree murder. Jensen appealed, alleging that the evidence did not show that he had the required intent for second-degree murder or that his actions caused Steele’s death.

Rule of Law

Issue

Holding and Reasoning (Crockett, J.)

Dissent (Wade, J.)

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