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Show New Trial Being Sought for Convicted Murderer Moab attorney Harry Snow filed an appeal Jan. 15 with the Utah Supreme Court asking that Charles Lee Gibson's second degree murder conviction be overturned. The appeal asks that the case be remanded to district court for a new trial. Said Mr. Snow Tuesday, '1 have a feeling that the man was not guilty of the crime he was charged with." He contends con-tends that Gibson was, in effect, charged with murder and rape, and that he should only have been prosecuted for murder. "When you put murder-rape in one case before the jury, it sure does prejudice them," commented Snow. The brief submitted argues that the evidence submitted by the state in the trial does not sustain the verdict. It states, 'There are only three participants partici-pants in this whole episode: Leslie Wayne Wigaard, the deceased, his girl friend Mrs. Patricia Ackerson, and Continued on page A3 New Trial Sought For Convicted Murderer Continued from page 1 ' the appellant Charles Lee Gibson, called 'Mike'." Mr. Snow points out that the record is void of any animosity between either of the men during the period of time they were together until moments before the fight. Says Snow in his brief, 'The State would want one to believe that the appellant, at some time during the time the parties were together, took a large hunting knife with at least a six inch blade and secreted it on his person for hours waiting for some lonely spot to attack the deceased and rape his girl friend." . The brief contends the court committed reversible error by improperly refusing to exercise its discretionary power to exclude evidence creating substantial danger of undue prejudice of confusing the issues or misleading the jury. It also contends the court committed reversible error by admitting evidence ; of rape upon a person other than the victim after the offense had occurred. ' Both of these contentions object to the admission of rape testimony by Mrs. Ack-erson Ack-erson during the trial. Judge Edward Sheya, Sevr enth Judicial District Judge who presided at the Gibson trial, has indicated he feels his action in admitting this evidence evi-dence is well grounded in judicial precedence, citing a number of cases he feels support his position. |