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Show JANUARY 14, 1963 MONDAY. Utah' County. Utah DAILY HERALD 3 Long Runway Would Allow Instruments P royoan's Fate Arg lied Defore State Supreme Court on Death Sentence By JOAN GEYEIt Fate of Darrell Devere Poulson,. 24, Provo, under death sentence for the in late 1961 of an American Fork girl, was argued before the Uah , State Supreme Court in Salt Lake City today. The court took ; the arguments rape-murd- er old under advisementand will render a later decision; on which the defendant's life will depend. If the district court sentence stands, he must be executed. His counsel is seeking to obtain a reversal of : . the decision. Poulson has been in death row at the state prison since the district court conviction, following" the murder on Sept. 6, 1961. Arguments for the state opposing the appeal for the reversal were given before the court today by assistant Attorney General Ronald Boyce. The defense was scheduled to be argued by William G. Fowler, Salt Lake attorr ney. Briefs Filed From the previously filed briefs, the Herald in ' Sunday's paper gave the essentials of what was s to be presented today in defense. Today are presented the arguments to be made before the court in brief filed by District Attorney Sorensen, who opposed the appeal to reverse the conviction. At the trial in Provo, defense had sought to have the jury instructed it could acquit under the U.S. vs. Durham ruling that the accused is not criminally responsible if the act is the "product of a diseased or defective mental condition." Defense was over-ruleExisting Utah law on insanity as defense for crime is based on the McNaghten rule that the accused "know the nature of the act an know right from wrong." Following a 1931 case, Utah added the "irresistible impulse" test, requiring the defendant to have the ability to control his actions. State Contention Only the legislature may prescribe a new rule of criminal responsibility, contends the state in its brief. District Attorney Sorensen further argues that existing Utah law is adequate, and Utah should not adopt the Durham Poul-son'- d. rule. He said the highest courts of states and three federal courts of appeal have rejected the Dura ham produc on grounds that product" and 'disease" are not adequately defined. Moreover, contended Mr. Sorensen, the "ultimate judgment is not medical but moral, and present tests adequately balance both aspects." The state takes exception to defense argument that first degree murder should be reduced to second on grounds Mr. Poulson's mental condition impaired his ability to form intent to commit 20 sed-mi- nd insanity, unable to form intent to km yet is able to intend to do great bodily harm is absurd, for both involve the same test of ability to distinguish between right and wrong, held one court. Nor does psychiatric eperience justify a distinction between being able to meet one mental standard and not another when "both involve the same psychiatric realities," held the i state in its brief to the Supreme Court. "It is conceded by psychiatrists that the bearing of a mental disorder on the crime committed is not something which can be determined with any degree of precision." Still another consideration was offered by the state. "Utah has no statutory scheme to treat people who may be found to suffer from diminished responsibility." The state has no institution for criminally insane. SALT LAKE CITY (UPD An attorney representing convict e d slayer Darrell Devere Poulsen told the Utah Supreme Court today he felt the trial court com mitted errors that were prejudi cial to Poulsen's rights. William G. Fowler, a Salt Lake City attorney, appeared before the court as it heard oral arguments in the case. Poulsen, a Provo laborer now being held on death row at Utah State Prison, was convicted of first degree murder in the Sept. 17, 1961, death of an American Fork baby-sitte- r. The defense has filed a brief with the t state's highest court seeking a new trial. The brief con tends the Fourth District Court committed an error of nature that was prejudicial to the rights of the defendant when he was convicted of slaying Karen Ann Mechling of American Fork. Fowler argued that instructions confining alternative findings to guilty of first degree murder or net guilty wholly failed to present proper alternative of a lesser in cluded offense when the issue of mental responsibility was so dom inant. The Salt Lake City attorney was chosen by the Supreme Court to handle the case after Poulsen's original attorneys "withdrew from the case. "The instructions to the jury re lating to insanity were ambiguous and confusing, serving no useful guide to appraise evidence bearing upon mental condition of the de fendant," Fowler said.. Fowler said "the right and wrong test in this case placed a strait jacket on the jury' Assistant Atty. Gen. Ronald N Boyce argued the state's case Boyce said in his statement to the court that Poulsen's .counsel failed to ask for instructions and failed to put the matter of a charge before the district court "There is no basis for a lesser offense," Boyce argued. He said the trial court was ex tremely cautious in the case and burglary. This- issue of "partial responsi- that the question of burglary was immaterial once rape was commit bility" was not raised at the trial ted. so cannot be in properly argued supreme court, says the state. Moreover, rape under the law requires no proof of premeditation even if burglary does. Under Utah law, any slaying which occurs during a felony such as rape or burglary is first degree murder. No Evidence The state argued that no evidence was submitted during the Provo trial to show impairment of the defendant's capacity to premeditate although Dr. Ija Korner, psychologist, testified the defendant's ability to control his impulses might be impaired. The doctrine of "partial responsibility" has been rejected by the majority of courts and jurisdictions that have considered the lesser Crash Brings Damage Suit Anthony Medved has filed suit in Fourth District Court as guardian for Cheri Ann Medved, 4, and on behalf of himself against Neal Titcomb, charging negligence of the defendant caused damages to plaintiffs arising out of a car- motor bike. . crash Aug. 28 in Springville. The complaint asked $1104 special damages for doctor jtnd hospital care for the child, plus $23,500 general damages; $630 matter. for Mr. Medved, who To say a man is, by reason of damages suffered personal injuries, and $395 for damages to his bike. Many Get '63 Plates by Mail Motorists obtaining 1963 license plates have not hjad to wait in line this year because many are Everyone is invited to a special obtaining plates by mail, Utah meeting of the Eldred Center and County Assessor Guy Ivins said Provo Senior Citizen's Executive Friday. Board to be held Tuesday at 7 Deadline to have new plates on p. m. in the Franklin School Limotor vehicles is Feb. 28. The was board formed in brary. Las year, 45,000 motor vehicles August, 1962, and meets every .were licensed in Utah County. Tuesday at 8 a., m. in the City This year to date about 5000 Commission Rooms. These meetlicense plates have been Issued in ings are also open to the public. n Utah County . To be discussed at the special Some 17,000 notices have- - been meeting Tuesday evening is the gent out by mail Eldred Center to be built at North Persons who have not received Park. President H. Alvah Fitzger mailed out: applications to obtain ald will give the welcome address, car licenses by mail, may call and also invited to speak are members of the Provo City Commission. the county assessor's ofice. Persons who bought new cars Besides Mr. Fitzgerald, officers last fall or early this year were are Ruth L. Aiken, executive sec not mailed applications. They retarv: Stella Oaks, first vine nrps must give the county assessor ident; Aura C. Hatch, second vice data on 1962 registration cards. president; William, Jones, , third License plates may be obtained vice president; Oscar Walch, fourth by mail on smaller trucks, such vice president; Linn Rockwood, ton pickups, city recreation; Alvjjs Lindsey, as half4on land president cf dance group. caid XIr. Ivins, . . Public Invited To Planning Meet On Eldred Center . i ! -- -- s If l , ! "r - f i y . , - I 'Ar MILY 'l to State Aeronautics Director Har-lo-n W. Bement, was forwarded today to Provo Chamber of Commerce aviation committee. ' , AYS 7 An instrument approach to' Provo airport Using its longest (7200) feet runway No. 13 is possible with VOR installed at the airport, FAA has informed the Utah State Aeronautics director.. A copy of .the. letter written by R. :E. Kelley, chief Federal Aviation Agency, Flight Inspection, district office at Salt Lake City M V" M:,,V"'' I !hm - f "I suggest, if repairs or lengthening of runways Mr. Kelly wrote I are contemplated at Provo that compas runway 13 (on 130 degree be heading or roughly NW-Sn Straight-iconsideration. given high not for are minimums possible ' ...... the other runways." VOR or Very - high .frequency Omni - Range navigational aid, emits impulses permitting pilots to ascertain exact compas head- f V E) X -- z?pyRoe ing. Provo has long needed a terminal VOR to direct aircraft in bad weather after they are out of range of the Lake Mountains ' In tne early dawn and with temperatures below zero, firemen mount a high ladder to battle the costly Salt Lake Costuming House blaze early Sunday morning, (Photo by Herald Chief Photographer Harold K Monson). FRIGID FIRE . $100,000 Fire Vending License Hearing Jan. 28 Guts Store In Salt Lake VOR. Cost would be about $15,000, of d, state and which, if federal government would pay a major share. Copy of a second letter, addressed to the state aeronautic director from Western Air Lines, was received today by the Provo m z- Irrigation Assessments Due Jan. 31 - It acknowledged receipt of request by the state to use Provo as alternate for Salt Lake City dur- everal manent, and plans to the seven-daeight-hou- r schedule formerly in use. Irrigation assessment payments may be paid rt the cashier's office in the city hall. Any corrections or changes necessary in the 1963 notices should be brought into city hall, Room 206 for correction. y, Utah Dentists Hold Annual Meet in Provo Orem Council at Lists Agenda DrrLloyd Jacobson, head of the Department of Oral Diagnosis the University of Washington, spoke in both morning and afternoon sessions of the annual midwinter convention of the Utah State Dental Association, held in the Provo High School Saturday. Dr. Jacobson used slides to il lustrate his discussion on meth ods he devised for retaining large fillings in badly broken down teeth. The speaker answered questions from the audience for about an hour following the final session of the meet. Some 180 dentists from all oven the state, and areas in Idaho, Wyoming and Nevada, were in at tendance. State officers conducting the meeting wefe Dr. LaMoyne Peter son. Ogden: president: Dr.! Al fred Ridge; Provo, vice president; Dr. Burton Todd, Salt Lake City, treasurer, and Dr. Chester Dalg- leish, Salt Lake, secretary. General chairman of the event, Dr. Paul D. Clark, Provo, was assisted by committeemen, Dr. Clinton Wiest and Dr. Dick John son, also of Provo. Items on the agenda include: A private citizen will meet at 8 p. m. with the council to discuss a stop sign on 400 East and 600 North. Also Safety Committee representatives will meet to discuss the same problem with the council. Owen Burgess, sewer disposal superintendent, will discuss problems of the plant with the council - at 8:30. Appointment will be made of members to the Metropolitan Water Board. Report will be made by the en gineering department oft Improve ment District J and Lighting n or tmi NEW rn . 2 speeds, 2 cycles for washing! in fresh running water; STURDY! Ask us about the Lifetime Tcit Rinses clothes B. Model Stunning new styling pluslbig, family-siz- e capacity In space-savin- g cabinet! freezer chest Sliding Chill Drawer. Big 63-IDeep-shestorage door b. lf DA - 12 -63 11.6 cu. ft. Model full-widt- hard-to-stac- Model .. NOW ANNOUNCES UFD-10-6- 3 9.61 cu. ft. Orem Police Chief J. Reed Burgener today issued a warning to Orem residents to lock their doors at nights as there have been a number of recent prowlers and peeping toms reported to the police department. ' Model RSD-15-6- 3 40", electric B JT J JjFjjS, EXPERT! FBND5H0N i 63 a. , ; ' Provo El k 11 I So C At mrai!!iiiii.ir Jill ; lamb i282 No. University Provo. FR Lint " J&SYTEFMSf START PAYMENTS IN MARCH 1963 ; liiltii' PPL 4-08- 14 Ktith Chriittnwn or Clair Chrry o (o) ' - or Oono "No-stoop- Screen on door for speedy See the Money Man Kn Houston Exclusive cleaning! Wjth fho Friendly Finance Plan! Utah finance Co. (5)00 ' dial does it all! s 5 per month Wonderfully simple! One i i '' m Exclusive Flowing Heat dries clothes breeze-fresh- ! i im 50 East Is North, '.. Provo, FR ' 0 $00 .i o - PAYMENT FLOWING HEAT DRYER ( wumh cmoatiom Professional Presser On Duty Now you can have your clothes cleaned in a Norge Coin operated Dry Cleaner and take advantage of steam pressing and finishing. v? ALSO . CUSTOMER STEAM PRESS HOURS : 9:00 m. to 8:00 p. m. V er FRIGIDAIRE , While You Wait UNTIL MARCH x starts and stops oven automatically, even when you're away. Like haying a maid! oven. Big holiday-siz-e Divided top -- four fast heating Radiantube units. Cook-Mast- liam Quinn, were honeymooning today following their marriage Saturday at St. Victor's Roman """"'..'.TTi 0 NO PAYMENTS FULLY AUTOMATIC FRIGIDAIRE RANGE COMEDIAN MARRIES HOLLYWOOD (UPD Comedian Bob Newhart, 33, and Virginia Quinn, 22, daughter of actor Wil DOUGH Z?fw"w Thriftiest "compact" Frigidalre Freezer with fms 336 lbs. "supermart" capacity! ' h Three refrigerated shelves, "bulky bton k shelf for foods. Deep-she- lf storage door. OREM I AMiNtSm VV U FRIGIDAIRE FOOD FREEZER Orem Police Issue Warning Q (Lj IUI II 1 BUDGET-PRICE- D New board members are: Mr. Anderson, James Miles, Kelly Jensen, La Veil Brown, Don I extra-clea- n WCDA -63 secretary. V ic BIG, BEAUTIFUL, COMPACT FRIGIDAIRE REFRIGERATOR ings, has been elected president for the year by the Chamber of Commerce board of directors. Lamar Miner will serve as vice president; Sterling Price, man ager; and Ida Worthen, executive WHEN all-fabr- 15-Ye- ar TIIRI Melody Inn. Mays Anderson, owner and man ager of Anderson's Home Furnish- First glass ornaments for Christ mas trees were made; by glass blowers of central Germany. wvarew or twc mo 44 East 5th North 12-L- Catholic Church. , iwm STURDY FRIG1DAIRE WASHER WASHES 12 LBS. Ill ONE LOAD! SPRINGVILLE New officers and board members of the Springville Chamber of Commerce will be installed Jan. 18 at the annual installation banquet to be held at If LAUNDRY AND CLEANINGq'"o m NEWER TRADE e. Springville CC Plans Installation District5. 9 They're new. They're Frigidaire-dependablThey're priced to please your full budget! They carry factory warranty. They're truly values too good to miss! they may be gone by tomorrow! So come In today and SAVE! ing installation of VOR, strengthening of runways and installation I mviw WITH ONLY said. If Provo were to be picked as alternate for Salt Lake airport by airlines, it is probable that fed eral funds would be available to upgrade the Provo airport, includ- YOU'RE LOW ON ' EVEN LESS Robertson and Floyd Stewart. Holdover directors are Mr. Miner, James Damico, George Bonsper, OREM The Orem City Coun- Edgel Oldroyd, LuDean Litster cil will meet tonight at 7 with and Jeff Miner. Mayor G. Milton Jameson presiding. (0)(0) NEEDED ot of high intensity lights, etc. (o fo NO TRADE aviation committee. ing fog conditions. "A evaluation is being Public hearing on proposed made through our by operations departchange in, Utah County ordinances ment. Your suggestion is apprecion licensing vending machines ated," H. W. Caward, director, has been set for Jan. 28 at flight operations, Los Angeles of10:30 a.m. fice, wrote. At present only commercial The No. 13 runway at Provo airare licensed. machines vending port is 7200 feet long. Jets have made emergency The proposed amendment would runway at establish a minimum license fee landings on a 6000-foof $5 on vending machines operat Salt Lake, Mr. Bement informed ed without profit as for a firm's the aviation committee last week. But the runway would have to be employees. It is also proposed that license strengthened to carry the heavy fee on cigaret vending machines weight of modern aircraft, he SUGAR HOUSE (UPD Damage was estimated today in excess of $100,000 in an early morning fire Sunday which gutted the Salt Lake Costume Co. here. The three-alarfire, which fire men had to battle in below-free5ng temperatures, involved all three stories of the costume rental store. be dropped from $25 to $5. One fireman was hospitalized for smoke inhalation after he fell through a hole in the roof and plunged into dense smoke inside the masonry- structure. Dale Lund was treated at the LDS Hospital. It was impossible to make a quick determination of what caus ed the arly morning blaze, but there was indication that overheating may have played a role. All city and farm irrigators are The Fire Department said it received telephone and box alarms reminded that the 1963 irrigation assessment is due on Jan. 31, at 6:14 a.m, 1963. Any accounts not paid or Fire officials said the blaze con confirmed cosby the above date will sumed scores of irreplacable Included not in this season's be s tume items, including heads adschedule, department pieces which had been the proper- vise. ty of Brigham Young and others The schedules which will be which had been owned and worn this year will become perissued by Chief Sitting Bull. are to return ' for FAA-approve- OPEN MONDAYS : 1 TIL 9 P.M. ANC Co A YOU CAN DEPEND ON OUR SERVICE A 120 NORTH UNIVERSITY AYEUUZ 41 |
