Salt Lake Telegram | 1936-09-24 | Page 12 | New Trial Won in Fight Death

fr ANEW i NEW TRIAL WON A IN FIGHT DEATH Y f Pete Cobo convicted of ot voluntary ry manslaughter by a district court in ins ins' s' s L' L J Juab ab county Thursday had been g granted anted a new trial by the state su supreme supreme su- su preme court ourt An An opinion handed down by the c court uh declared that evidence In the case case warranted a finding of guilty of I involuntary manslaughter only on y and andr I I r not t a 8 verdict of voluntary man man- I slaughter laughter I Cobo was convicted for having caused the death of t Frank G. G McIntyre McIntyre Mc- Mc McIntyre Intyre through injuries inflicted Ina in ina a fist fiat fight in front of Cobos Cobo's home Death of McIntyre resulted from froman troman an an unlawful assault and battery with no apparent intent to kill shown on the part of oC the defendant held tho the court Must Bo Be Willful It was pointed out that to con con- vol voluntary manslaughter the killing must be willful or orIn intentional it or there must exist an intention at least to do great bodily harm Theo The o opinion anion I lon also held that the lower court had misdirected the jury In Jn certa certain n particulars and failed to Instruct the jury prope properly Iy with re regard regard re- re gard aard to the charge of manslaughter Objections voiced by the prosecution prosecution prosecution tion to consideration given by the supreme court to the jurys jury's instructions instructions tl ns were based on the contention that defense council had not taken ex exceptions to them at the time they were wore given Views of cOurtIn Court CourtIn In answering the pr prosecution Justice Justice Jus Jus- tice tico Ephraim Hansen Hanse representing the court said We do donot not wish to depart from I the rule laid down in th this J jurisdiction tion Uon that In ordinary cases on appeal appeal ap- ap I peal errors relating to to instructions or or- refusing requests to instruct will not not- be considered or reviewed unless un unless un- un n- n less Jess exceptions thereto were properly properly properly prop prop- erly taken by the Uie party complaining But in capital pital cases and in cases of grave and serious charged offenses offenses offenses offenses' of of- and convi convictions of long terms of imprisonment we think that when palpable error is made to appear appear ap- ap appear ap ap- pear pear on on ri the face of the record the court court ourt has the power to correct such error though no formal exception was taken to the ruling