State v. Howard
Utah Supreme Court
597 P.2d 878 (Utah 1979)
Relevant factsFree
During an argument he anticipated, Howard (defendant) brought a shotgun and, when Danny Johnson lunged at him, fired the gun at Johnson; Stan Crager jumped between them trying to stop the fight and was struck by the blast instead, and Howard then also shot Johnson, who had moved toward another gun in the room. Both Crager and Johnson died, and Howard was convicted of second-degree murder and manslaughter after the trial court declined his request for a negligent-homicide instruction regarding Crager's death.
IssueFree
Whether, in any prosecution for criminal homicide, evidence that the defendant caused the death of a person other than the intended victim can constitute a defense.